BILL NUMBER: AB 2235 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2008
AMENDED IN ASSEMBLY APRIL 2, 2008
INTRODUCED BY Assembly Member DeSaulnier
FEBRUARY 20, 2008
An act to amend Sections 12126 and 12132 of, and to add
Section 12134 Sections 12134 and 12135 to, the
Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2235, as amended, DeSaulnier. 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 18 months 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 , and would provide an
exception to these provisions for the sale, loan, or transfer of
handguns manufactured in or imported into this country prior to that
date, as specified .
The bill would require the Attorney General, commencing July 1,
2009, and every July 1 thereafter through 2014, 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 adopt
regulations pertaining to owner-authorized handguns, as
specified .
By expanding the application of provisions of law that define a
criminal offense, this bill would impose a state-mandated local
program.
The bill would also provide that, commencing 18 months following
the Attorney General's reporting that owner-authorized handguns are
available for retail sale, as specified, any person who intentionally
disables or circumvents the owner-authorized handgun technology of
an owner-authorized handgun is guilty of a misdemeanor.
By creating a new 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: yes.
State-mandated local program: 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 18
months 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 , provided,
however, that this paragraph shall not apply to the sale, loan, or
transfer of a revolver manufactured in or imported into this country
prior to that date .
(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 18
months 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 , provided,
however, that this paragraph shall not apply to the sale, loan, or
transfer of a pistol manufactured in or imported into this country
prior to that date .
(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 users , 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 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 through 2014 , 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 adopt regulations to
implement 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)
(1) 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.
(2) The ability of the authorized owner to loan his or her
owner-authorized handgun to other persons consistent with existing
state law, and the process by which that owner may do so.
(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. Section 12135 is added to the
Penal Code , to read:
12135. Commencing 18 months 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, any person who intentionally disables or
circumvents the owner-authorized handgun technology of an
owner-authorized handgun is guilty of a misdemeanor.
SEC. 4. SEC. 5. 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.