BILL NUMBER: SB 489 CHAPTERED 09/24/03 CHAPTER 500 FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2003 APPROVED BY GOVERNOR SEPTEMBER 24, 2003 PASSED THE SENATE SEPTEMBER 9, 2003 PASSED THE ASSEMBLY SEPTEMBER 4, 2003 AMENDED IN ASSEMBLY AUGUST 18, 2003 AMENDED IN ASSEMBLY JUNE 26, 2003 AMENDED IN SENATE MAY 12, 2003 AMENDED IN SENATE MAY 5, 2003 INTRODUCED BY Senator Scott (Principal coauthor: Assembly Member Koretz) (Coauthors: Senators Kuehl, Perata, and Romero) (Coauthors: Assembly Members Chan, Levine, Longville, and Lowenthal) FEBRUARY 20, 2003 An act to amend Sections 12126, 12130, and 12132 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST SB 489, Scott. Firearms: chamber load indicators and magazine disconnected mechanisms. Existing law defines "unsafe handgun" in regard to pistols based on certain criteria. This bill would, in addition, commencing January 1, 2006, for firearms not already approved, as specified, include within the definition of an unsafe handgun, a center-fire semiautomatic pistol that does not have a chamber load indicator that indicates, as specified, that a cartridge is in the firing chamber or a center-fire or rimfire semiautomatic pistol that does not have a magazine disconnect mechanism that prevents the pistol from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the pistol if the pistol has a detachable magazine. The bill would, in addition, commencing January 1, 2007, include within the definition of an unsafe handgun, a center-fire semiautomatic pistol that does not have both of those features. By expanding the definition of "unsafe handgun," the manufacture, sale, and other specified transfer of which is a crime, this bill would expand the scope of an existing crime, and thereby impose a state-mandated local program. Existing law requires handguns to be submitted for testing to determine if they are unsafe handguns, as specified. This bill would provide that commencing January 1, 2006, no center-fire semiautomatic pistol would be allowed to be submitted for that testing if it did have a chamber load indicator, and no center-fire or rimfire semiautomatic pistol that has a detachable magazine would be allowed to be submitted for that testing if the pistol does not have a magazine disconnect mechanism, as specified. Existing law provides that, subject to exceptions, any person who manufactures, causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun is punishable by imprisonment in a county jail not exceeding one year. This bill would add to existing exceptions to those provisions, 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, as specified. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12126 of the Penal Code is amended to read: 12126. As used in this chapter, "unsafe handgun" means any pistol, revolver, or other firearm capable of being concealed upon the person, as defined in subdivision (a) of Section 12001, 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 pursuant to Section 12127. (3) It does not meet the drop safety requirement for handguns pursuant to Section 12128. (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, and Firearms. (2) It does not meet the firing requirement for handguns pursuant to Section 12127. (3) It does not meet the drop safety requirement for handguns pursuant to Section 12128. (4) Commencing January 1, 2006, for a center-fire semiautomatic pistol that is not already listed on the roster pursuant to Section 12131, 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 12131, 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 12131, it does not have a magazine disconnect mechanism, if it has a detachable magazine. (c) As used in this section, a "chamber load indicator" means a device that plainly indicates that a cartridge is in the firing chamber. A device satisfies this definition if it is readily visible, has incorporated or adjacent explanatory text or graphics, or both, and is designed and intended to indicate to a reasonably foreseeable adult user of the pistol, without requiring the user to refer to a user's manual or any other resource other than the pistol itself, whether a cartridge is in the firing chamber. (d) As used in this section, a "magazine disconnect mechanism" means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol. (e) As used in this section, a "semiautomatic pistol" means a pistol, as defined in subdivision (a) of Section 12001, the operating mode of which uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of the trigger. SEC. 2. Section 12130 of the Penal Code is amended to read: 12130. (a) Any pistol, revolver, or other firearm capable of being concealed upon the person manufactured in this state, imported into the state for sale, kept for sale, or offered or exposed for sale, shall be tested within a reasonable period of time by an independent laboratory certified pursuant to subdivision (b) to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person meets or exceeds the standards defined in Section 12126. (b) On or before October 1, 2000, the Department of Justice shall certify laboratories to verify compliance with the standards defined in Section 12126. The department may charge any laboratory that is seeking certification to test any pistol, revolver, or other firearm capable of being concealed upon the person pursuant to this chapter a fee not exceeding the costs of certification. (c) The certified testing laboratory shall, at the manufacturer's or importer's expense, test the firearm and submit a copy of the final test report directly to the Department of Justice along with a prototype of the weapon to be retained by the department. The department shall notify the manufacturer or importer of its receipt of the final test report and the department's determination as to whether the firearm tested may be sold in this state. (d) (1) Commencing January 1, 2006, no center-fire semiautomatic pistol may be submitted for testing pursuant to this chapter if it does not have either a chamber load indicator as defined in subdivision (c) of Section 12126, or a magazine disconnect mechanism as defined in subdivision (d) of Section 12126 if it has a detachable magazine. (2) Commencing January 1, 2007, no center-fire semiautomatic pistol may be submitted for testing pursuant to this chapter if it does not have both a chamber load indicator as defined in subdivision (c) of Section 12126 and a magazine disconnect mechanism as defined in subdivision (d) of Section 12126. (3) Commencing January 1, 2006, no rimfire semiautomatic pistol may be submitted for testing pursuant to this chapter if it has a detachable magazine, and does not have a magazine disconnect mechanism as defined in subdivision (d) of Section 12126. SEC. 3. Section 12132 of the Penal Code is amended to read: 12132. This chapter shall not apply to any of the following: (a) The sale, loan, or transfer of any firearm pursuant to Section 12082 or 12084 in order to comply with subdivision (d) of Section 12072. (b) The sale, loan, or transfer of any firearm that is exempt from the provisions of subdivision (d) of Section 12072 pursuant to any applicable exemption contained in Section 12078, if the sale, loan, or transfer complies with the requirements of that applicable exemption to subdivision (d) of Section 12072. (c) The sale, loan, or transfer of any firearm as described in paragraph (3) of subdivision (b) of Section 12125. (d) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Section 12071 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 Section 12071 to its owner where that firearm was initially delivered in the circumstance set forth in subdivision (d). (f) The return of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Section 12071 to its owner where that firearm was initially delivered to that licensee for the purpose of a consignment sale or as collateral for a pawnbroker loan. (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 178.11 of the Code of Federal Regulations. (h) (1) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that are used for Olympic target shooting purposes at the time that the act adding this subdivision is enacted, and that fall within the definition of "unsafe handgun" pursuant to paragraph (3) of subdivision (b) of Section 12126 shall be exempt, as provided in paragraphs (2) and (3). (2) This chapter shall not apply to any of the following pistols, because they are consistent with the significant public purpose expressed in paragraph (1): MANUFACTURER MODEL CALIBER ANSCHUTZ FP .22LR BENELLI MP90 .22LR BENELLI MP90 .32 S&W LONG BENELLI MP95 .22LR BENELLI MP95 .32 S&W LONG DRULOV FP .22LR GREEN ELECTROARM .22LR HAMMERLI 100 .22LR HAMMERLI 101 .22LR HAMMERLI 102 .22LR HAMMERLI 162 .22LR HAMMERLI 280 .22LR HAMMERLI 280 .32 S&W LONG HAMMERLI FP10 .22LR HAMMERLI MP33 .22LR HAMMERLI SP20 .22LR HAMMERLI SP20 .32 S&W LONG MORINI CM102E .22LR MORINI 22M .22LR MORINI 32M .32 S&W LONG MORINI CM80 .22LR PARDINI GP .22 SHORT PARDINI GPO .22 SHORT PARDINI GP-SCHUMANN .22 SHORT PARDINI HP .32 S&W LONG PARDINI K22 .22LR PARDINI MP .32 S&W LONG PARDINI PGP75 .22LR PARDINI SP .22LR PARDINI SPE .22LR SAKO FINMASTER .22LR STEYR FP .22LR VOSTOK IZH NO. 1 .22LR VOSTOK MU55 .22LR VOSTOK TOZ35 .22LR WALTHER FP .22LR WALTHER GSP .22LR WALTHER GSP .32 S&W LONG WALTHER OSP .22 SHORT WALTHER OSP-2000 .22 SHORT (3) The department shall create a program that is consistent with the purpose stated in paragraph (1) to exempt new models of competitive firearms from this chapter. The exempt competitive firearms may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. (i) 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. 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.