BILL NUMBER: AB 1218 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Duvall
FEBRUARY 23, 2007
An act to amend Section 12131 12132
of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1218, as amended, Duvall. Firearms.
Existing law requires the Department of Justice to compile,
publish, and maintain a roster listing all of the handguns that have
been tested by a certified testing laboratory, have been determined
not to be unsafe handguns, and that may be sold in this state, as
specified. Existing law also provides that any person who offers
or exposes for sale, gives, or lends any unsafe handgun shall be
punished by imprisonment in a county jail not exceeding one year.
This bill would make a technical, nonsubstantive change
to those provide that these provisions
shall not apply the sale, loan, or transfer of any pistol, revolver,
or other firearm capable of being concealed upon the person that is
defined as an "antique firearm," as specified. This bill would
provide that this change is declaratory of existing law .
This bill would also provide that these provisions shall not apply
to the sale, loan, or transfer of a pistol, revolver, or other
firearm capable of being concealed upon the person to a dealer if
specified conditions are met, or to the sale, loan, or transfer of a
pistol, revolver, or other firearm capable of being concealed upon
the person by a dealer who received that firearm under specified
conditions if it is accompanied by a notification stating that it has
not qualified for inclusion on the roster of pistols, revolvers, and
other firearms capable of being concealed upon the person that may
be sold in this state that is compiled by the department, as
specified.
Because this bill would change the definition of a crime, this
bill would impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 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 (a), (d)
, (f), or (j) .
(f) The return delivery of a pistol,
revolver, or other firearm capable of being concealed upon the
person by a person licensed pursuant to Section 12071 to
by its owner where that firearm was
initially is 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 or is defined as an "antique firearm" in
Section 921(a)(16) of Title 18 of the United States Code .
(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.
(j) The sale, loan, or transfer of a pistol, revolver, or other
firearm capable of being concealed upon the person to a dealer if all
of the following conditions are met:
(1) The person selling, loaning, or transferring that firearm is
not a person who is licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(2) The pistol, revolver, or other firearm capable of being
concealed upon the person was manufactured prior to January 1, 1995.
(3) The make or model of the pistol, revolver, or other firearm
capable of being concealed upon the person was never submitted for
testing pursuant to this chapter.
(4) The manufacturer of the firearm discontinued manufacture of
that make or model of firearm prior to January 1, 1995.
(5) The pistol, revolver, or other firearm capable of being
concealed upon the person was lawfully possessed by a California
resident prior to January 1, 1995.
(k) The sale, loan, or transfer of a pistol, revolver, or other
firearm capable of being concealed upon the person by a dealer who
received that firearm pursuant to subdivision (j), if that firearm
has with it a notification in a form prescribed by the Department of
Justice stating "This firearm has not qualified for inclusion on the
roster of pistols, revolvers, and other firearms capable of being
concealed upon the person that may be sold in this state compiled by
the Department of Justice pursuant to paragraph (1) of subdivision
(b) of Section 12125 of the Penal Code," because it was not submitted
for testing pursuant to this chapter and is therefore not on the
roster set forth in Section 12131.
SEC. 2. The amendment made to subdivision (g) of
Section 12132 of the Penal Code by this act are declaratory of
existing law.
SEC. 3. 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.
SECTION 1. Section 12131 of the Penal Code is
amended to read:
12131. (a) On and after January 1, 2001, the Department of
Justice shall compile, publish, and thereafter maintain a roster
listing all of the pistols, revolvers, and other firearms capable of
being concealed upon the person that have been tested by a certified
testing laboratory, have been determined not to be unsafe handguns,
and may be sold in this state pursuant to this title. The roster
shall list, for each firearm, the manufacturer, model number, and
model name.
(b) (1) The department may charge any person in this state who is
licensed as a manufacturer of firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code,
and any person in this state who manufactures or causes to be
manufactured, imports into the state for sale, keeps for sale, or
offers or exposes for sale any pistol, revolver, or other firearm
capable of being concealed upon the person in this state, an annual
fee not exceeding the costs of preparing, publishing, and maintaining
the roster pursuant to subdivision (a) and the costs of research and
development, report analysis, firearms storage, and other program
infrastructure costs necessary to implement this chapter.
(2) Any pistol, revolver, or other firearm capable of being
concealed upon the person that is manufactured by a manufacturer who
manufactures or causes to be manufactured, imports into the state for
sale, keeps for sale, or offers or exposes for sale any pistol,
revolver, or other firearm capable of being concealed upon the person
in this state, and who fails to pay any fee required pursuant to
paragraph (1), may be excluded from the roster.
(3) If a purchaser has initiated a transfer of a handgun that is
listed on the roster as not unsafe, and prior to the completion of
the transfer, the handgun is removed from the roster of not unsafe
handguns because of failure to pay the fee required to keep that
handgun listed on the roster, the handgun shall be deliverable to the
purchaser if the purchaser is not otherwise prohibited from
purchasing or possessing the handgun. However, if a purchaser has
initiated a transfer of a handgun that is listed on the roster as not
unsafe, and prior to the completion of the transfer, the handgun is
removed from the roster pursuant to subdivision (f), the handgun
shall not be deliverable to the purchaser.
(c) The Attorney General may annually retest up to 5 percent of
the handgun models that are listed on the roster described in
subdivision (a).
(d) The retesting of a handgun model pursuant to subdivision (c)
shall conform to the following:
(1) The Attorney General shall obtain from retail or wholesale
sources, or both, three samples of the handgun model to be retested.
(2) The Attorney General shall select the certified laboratory to
be used for the retesting.
(3) The ammunition used for the retesting shall be of a type
recommended by the manufacturer in the user manual for the handgun.
If the user manual for the handgun model makes no ammunition
recommendation, the Attorney General shall select the ammunition to
be used for the retesting. The ammunition shall be of the proper
caliber for the handgun, commercially available, and in new
condition.
(e) The retest shall be conducted in the same manner as the
testing prescribed in Sections 12127 and 12128.
(f) If the handgun model fails retesting, the Attorney General
shall remove the handgun model from the roster maintained pursuant to
subdivision (a).
(g) A handgun model removed from the roster pursuant to
subdivision (f) may be reinstated on the roster if all of the
following are met:
(1) The manufacturer petitions the Attorney General for
reinstatement of the handgun model.
(2) The manufacturer pays the Department of Justice for all of the
costs related to the reinstatement testing of the handgun model,
including the purchase price of the handguns, prior to reinstatement
testing.
(3) The reinstatement testing of the handguns shall be in
accordance with subdivisions (d) and (e).
(4) The three handgun samples shall be tested only once for
reinstatement. If the sample fails it may not be retested.
(5) If the handgun model successfully passes testing for
reinstatement, and if the manufacturer of the handgun is otherwise in
compliance with this chapter, the Attorney General shall reinstate
the handgun model on the roster maintained pursuant to subdivision
(a).
(6) The manufacturer shall provide the Attorney General with the
complete testing history for the handgun model.
(7) Notwithstanding subdivision (c), the Attorney General may, at
any time, further retest any handgun model that has been reinstated
to the roster.