BILL NUMBER: AB 2235	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2008

INTRODUCED BY   Assembly Member DeSaulnier

                        FEBRUARY 20, 2008

   An act to amend  Section 12126 of   Sections
12126 and 12132 of, and to add Section 12134 to,  the Penal
Code, relating to firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2235, as amended, DeSaulnier.  Firearms.  
Firearms: owner-authorized handguns.  
   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. Other provisions of
existing law, subject to exceptions, generally make it an offense to
manufacture or sell a handgun that is not safe.  
   This bill would provide that commencing on January 1 of the year
following the Attorney General's reporting that owner-authorized
handguns are available for retail sale, as specified, a handgun would
be unsafe if it was not owner-authorized, as defined.  
   The bill would require the Attorney General, commencing July 1,
2009, and every July 1 thereafter to report to the Governor and the
Legislature regarding the progress made on the availability for
retail sale of owner-authorized handguns, as specified. The bill
would also require the Attorney General, upon determining that
owner-authorized handguns are available for retail sale, to release a
report regarding implementation and recommendations for statutory
changes.  
   By expanding the application of provisions of law that define a
criminal offense, 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.  
   Existing law defines the term "unsafe handgun."  

   This bill would make a technical, nonsubstantive change to these
provisions. 
   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 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. 
   (4) Commencing January 1 of the year following the release of a
report by the Attorney General to the Legislature and the Governor
reporting that owner-authorized handguns are available for retail
sale, pursuant to Section 12134, it is not an owner-authorized
handgun. 
   (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.
   (7) Commencing January 1, 2010, for all semiautomatic pistols that
are not already listed on the roster pursuant to Section 12131, 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. 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.
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 12090 and 12094. 
   (8) Commencing January 1 of the year following the release of a
report by the Attorney General to the Legislature and the Governor
reporting that owner-authorized handguns are available for retail
sale, pursuant to Section 12134, it is not an owner-authorized
handgun. 
   (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. 
   (f) As used in this section, an "owner-authorized handgun" means a
handgun that has a permanent programmable biometric feature as part
of its original manufacture that renders the handgun incapable of
being fired except when activated by the lawful owner or other
authorized user, and that cannot be readily deactivated. 
   SEC. 2.    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 circumstances set forth in  subdivisions 
 subdivision  (a), (d), (f) or (j).
   (f) 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 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)  or (8)  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 delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Section 12071 where the firearm is being loaned by the licensee to a
consultant-evaluator.
   (k) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person licensed pursuant to
Section 12071 where the firearm is being loaned by the licensee to a
consultant-evaluator.
   (l) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person to a person licensed pursuant to
Section 12071 where it was initially delivered pursuant to
subdivision (k).
   SEC. 3.    Section 12134 is added to the  
Penal Code   , to read:  
   12134.  (a) The Attorney General shall, commencing July 1, 2009,
and every July 1 thereafter, submit a written report to the Governor
and the Legislature summarizing the current availability of
owner-authorized handguns, as defined in Section 12126.
   (1) Each report shall state whether owner-authorized handguns are
available for retail sale, and if not, what progress, if any, has
been made in the development of that technology since the previous
report.
   (2) Each report shall state what, if any, pressures exist within
the firearms industry to deliberately withhold owner-authorized
handguns from the market.
   (3) The Attorney General shall continue to submit reports until he
or she has reported that owner-authorized handguns are available for
retail sale. The Attorney General shall consult with law enforcement
agencies, firearms industry representatives, private technology
providers, the State Department of Public Health, the University of
California, other higher learning institutions, and other appropriate
parties in making reports and recommendations pursuant to this
section.
   (4) Each report shall explicitly state all sources consulted and
relied upon, including the names and affiliations of those sources,
and shall be made publicly accessible.
   (5) Owner-authorized handguns shall be deemed available for retail
sale when at least one domestic or foreign manufacturer has
developed and offered for sale in any state or country at least one
production model of an owner-authorized handgun.
   (b) Once the Attorney General has determined that owner-authorized
handguns are available for retail sale, the Attorney General shall
release a report within 3 months of that determination regarding
implementation of paragraph (4) of subdivision (a) and paragraph (8)
of subdivision (b) of Section 12126, including recommendations for
statutory changes. That report shall specifically address the
following issues:
   (1) The ability of the authorized owner, and process by which that
owner is permitted to loan his or her owner-authorized handgun to
other persons consistent with existing state law.
   (2) Where the handgun is delivered by a person licensed pursuant
to Section 12071 after an application to purchase the handgun is
completed, the process by which the licensee shall program the
owner-authorized handgun to recognize the lawful owner.
   (3) The process by which persons licensed pursuant to Section
12071 may reprogram the owner-authorized handgun to recognize
additional authorized users.
   (4) The process by which additional authorized users are
identified as not being prohibited by Section 12021 or 12021.1 of
this code or Section 8100 or 8103 of the Welfare and Institutions
Code from acquiring or possessing a firearm.
   (5) Where a law enforcement agency chooses to acquire
owner-authorized handguns, what procedures should exist that allow
persons employed by that agency, who are authorized to carry a
firearm in the course and scope of their employment, to be able to
discharge owner-authorized handguns in the course and scope of their
employment by that agency, and what statutory changes, if any, are
needed to accomplish this objective.
   (6) What statutory provisions and penalties are needed to prevent
persons from intentionally disabling or evading owner-authorized
handgun technology. 
   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.  
  SECTION 1.    Section 12126 of the Penal Code is
amended to read:
   12126.  As used in this chapter, the term "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.
   (7) Commencing January 1, 2010, for all semiautomatic pistols that
are not already listed on the roster pursuant to Section 12131, it
is not designed and equipped with a microscopic array of characters
that identify the, 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. 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.
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 12090 and 12094.
   (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.