BILL ANALYSIS
SB 269
Page 1
Date of Hearing: June 14, 2005
Counsel: Kimberly Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
SB 269 (Dutton) - As Amended: April 28, 2005
As Proposed to be Amended in Committee
REVISED
SUMMARY : Exempts from unsafe handgun testing, as specified,
single-shot pistols with a barrel length of not less than six
inches and has an overall length of not more than 10 1/2 inches
when the handle, frame or receiver and barrel are assembled.
EXISTING LAW :
1)Makes it a misdemeanor to manufacture or cause to be
manufactured, import into California for sale, keep for sale,
offer or expose for sale, give, or lend any unsafe handgun
except as specified, effective January 1, 2001. Private-party
transactions are exempt from the unsafe handgun limitations
but must still be made through a licensed firearms dealer or
sheriff in smaller counties. (Penal Code Sections 12125,
12072(d), 12082, and 12084.)
2)Provides that a 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 (DOJ) along with a prototype of the
weapon to be retained by the DOJ. DOJ shall notify the
manufacturer or importer of its receipt of the final test
report and DOJ's determination as to whether the firearm
tested may be sold in California. (Penal Code Section 12130.)
3)Exempts from the "unsafe handgun" testing both: (a)
single-action revolvers that have at least a five-cartridge
capacity with a barrel length of not less than three inches,
and meets listed specifications; and, (b) specified pistols
that are designed expressly for use in Olympic target shooting
events. (Penal Code Sections 12132 and 12133.)
SB 269
Page 2
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In current law,
there are two primary kinds of exemptions from the testing
requirements based upon the attributes of the model of handgun
in question. These are: (a) cosmetic features, and (b) a
specific exemption for single-action revolvers. In addition,
there are other exemptions based on the type of sales
transaction, such as private party sales or sales to law
enforcement."
"Single-shot pistols are unique specialty firearms used mostly
by sportsmen and competition shooters. Because of this, they
are not sold in large numbers compared to the sales of
semiautomatic pistols and double action revolvers. The cost
of testing single-shot pistols, because of many barrel options
available depending upon the intended usage, could easily
exceed the amount of any profit that might be realized. Thus,
single-shot pistol manufacturers have been compelled as a
matter of economics not to see their products in California
even though they are of the highest quality and could pass the
testing process.
"The effect of the present provisions of the 'unsafe handgun'
laws is to deny California's consumers the opportunity to
purchase models and configurations of high quality handguns
that, in reality, are not unsafe. With respect to barrel
length, chamber dimensions and single-shot pistols, the
current testing law is in need of revision. The addition of
barrel length and chamber dimension to the list of cosmetic
features for which additional testing is not required and the
exemption of single-shot pistols in the same manner as the
existing exemption for single-action revolvers, as described
below, would resolve the above discussed problems in an
appropriate fashion."
2)Background : According to background provided by the author,
"The cost of testing all of the various barrel lengths and
chamber dimensions for any given model of handgun for which
these options are offered can be huge; and in the case of
single-shot pistols, it can be cost prohibitive. Single-shot
pistols are specialty firearms used mostly by sportsmen and
competition shooters. Because of this, they are not sold in
SB 269
Page 3
large numbers compared to the sales of semiautomatic pistols
and double action revolvers. The cost of testing single-shot
pistols, because of the many barrel length and chamber
dimension options available depending upon the intended usage,
could easily exceed the amount of any profit that might be
realized. Thus, single-shot pistol manufacturers have elected
not to sell their products in California even though they are
of the highest quality and could pass the testing process.
The effect of the present provisions of the 'unsafe handgun'
laws is to deny California's consumers the opportunity to
purchase models and configurations of high quality handguns
that, in reality, are not unsafe.
"With respect to barrel length, chamber dimensions and
single-shot pistols, the current testing law is in need of
revision. The addition of barrel length and chamber dimension
to the list of cosmetic features for which additional testing
is not required and the exemption of single-shot pistols in
the same manner as the existing exemption for single-action
revolvers, as described below, would resolve the above
discussed problems in an appropriate fashion."
3)Unsafe Firearms : Existing law defines an "unsafe firearm" as
a handgun that does not have a requisite safety devise, does
not meet specific firing tests and does not meet specified
drop safety tests.
a) Requisite Safety Device : Penal Code Section 12126
requires that a revolver 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 or in the case of a pistol have
a positive manually-operated safety device.
b) Firing tests : Penal Code Section 12127 requires the
manufacturer to submit three unaltered handguns, of the
make and model for which certification is sought, to an
independent laboratory certified by the Attorney General.
The laboratory shall fire 600 rounds from each gun under
certain conditions. A handgun shall pass the test if each
of the three test guns fires the first 20 rounds without a
malfunction, and fires the full 600 rounds without more
than six malfunctions and without any crack or breakage of
SB 269
Page 4
an operating part of the handgun that increases the risk of
injury to the user. "Malfunction" is defined as a failure
to properly feed, fire or eject a round; failure of a
pistol to accept or reject a manufacturer-approved
magazine; or failure of a pistol's slide to remain open
after a manufacturer approved magazine has been expended.
c) Drop Test : Penal Code Section 12128 provides that at
the conclusion of the firing test the same three
manufacturer's handguns must undergo and pass a "drop
safety requirement" test. The three handguns are dropped a
specified number of times, in specified ways, with a primed
case (no powder or projectile) inserted into the handgun,
and the primer is examined for indentations after each
drop. The handgun passes the test if each of the three
test guns does not fire the primer.
4)Existing Exceptions from the Unsafe Handgun Law : There are
currently two specific exceptions from the unsafe handgun law.
The first is in the section of law amended by this bill for
single-action revolvers, as specified. The second is for
certain pistols that are used in official Olympic-style
international shooting competition, as specified. Both of the
exceptions are for firearms that are not commonly sought by
most handgun owners and that have an arguably unique - and
legitimate - niche in the handgun market. The sponsor
indicates that the single-shot pistols this bill would exempt
from testing - and therefore would allow to be sold by
licensed firearms dealers in California - are similar to the
previously exempt handguns in the sense that they are a niche
weapon with unique and legitimate purposes for ownership
5)Arguments in Support :
a) Safari Club International states, "These handguns are
very well made and safe, but are not submitted for testing,
and thus are no longer sold in California because they are
a specialty item that is not sold in great numbers. The
high cost of testing, given all the variations of barrel
length and chambering, would consume so much money that it
is not considered cost effective by manufacturers to
participate in the California market. Since single-shot
pistols have similar operational characteristics to the
single-action revolvers that are now exempt from the unsafe
handgun laws. It makes sense to exempt them as well."
SB 269
Page 5
b) California Association of Firearm Retailers states, " .
. . The testing conducted pursuant to existing state law
is very expensive and is cost prohibitive in the case of
single-shot pistols due to their specialty status and thus
relatively low sales volume. Manufacturers simply cannot
afford to sell them in California. Though not sold in
large numbers compared to other action styles of handguns,
single-shot pistols are in great demand by competition
shooters and sportsmen. Licensed firearms dealers would
like to be able to offer these well made specialty handguns
to their customers who seek them, but this will not be
possible until the law is changed."
6)Arguments in Opposition :
a) Legal Community Against Violence states, "California law
currently prohibits any person from manufacturing,
importing into California for sale, offering for sale,
giving or lending any 'unsafe handgun.' [Penal Code
Section 12125(a).] An unsafe handgun is any handgun that
lacks an appropriate safety, that does not meet the state's
firing test, or that does not meet the state's drop safety
test (Penal Code Section 12126). DOJ published and
maintains a roster listing all handguns that have been
tested by a certified testing laboratory and determined not
to be unsafe handguns (Penal Code Section 12131).
"The clear purpose of these statutes is to protect the public
from poorly made handguns. This bill would, however,
significantly reduce this protection by creating an
exemption for any single-shot pistol with a barrel length
of not less than three inches and overall length of at
least 7 1/2 inches. Proponents of this bill argue that the
exemption is justified because single-shot pistols are sued
mostly by competition shooters and sportsmen who occupy a
small share of the market. Thus, they argue, testing of
these firearms would be cost prohibitive to the
manufacturer.
"California's unsafe handgun law does not, however, provide
an exemption based on a handgun's market share or the cost
to the manufacturer to comply with the law. An unsafe
pistol is an unsafe pistol - regardless of whether it is
single shot or multiple shot and regardless of whether it
SB 269
Page 6
occupies a small or large share or the market. The
California Legislature has determined that handguns must be
tested to ensure that consumers (including competitive
shooters, sportsmen and those around them) are not injured
by poorly made firearms. There is simply no valid reason
to exempt single-shot pistols from the state's testing
requirements."
b) Million Mom March states, "This bill represents special
interest legislation of the worst kind. The real intent of
this bill is to exempt the maker of the 'Thompson
Contender' pistol from the safety testing requirements.
This gun has available a variety of interchangeable barrels
so that the caliber of ammunition that maybe fired by the
gun may also be changed. Each barrel configuration would,
at present, be individually subject to safety testing
regulations. The manufacturer seeks this exemption merely
to save the cost of safety certification. There is no
rational reason for exempting this particular class of
firearm from safety testing. If they are safe, then they
will pass the tests. If these firearms are unsafe, this
will be discovered during the testing and they will be
unavailable to the public, as they should be. In recent
years, much legislative effort has gone into ridding our
streets of 'junk guns' through the establishment of safety
standards."
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Firearm Retailers
California Rifle and Pistol Association
Peace Officers Research Association of California
Safari Club International
Opposition
Legal Community Against Violence
Million Mom March
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
SB 269
Page 7