BILL NUMBER: AB 169	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 4, 2013

INTRODUCED BY   Assembly Member Dickinson

                        JANUARY 24, 2013

   An act to amend  Section   Sections 
32000  , 32100, and 32110  of  , and to repeal
Section 32110 of,  the Penal Code, relating to unsafe
handguns.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 169, as amended, Dickinson. Unsafe handguns. 
   (1) Existing law requires parties to a firearms transaction to
complete the sale, loan, or transfer of the firearm through a
licensed firearms dealer where neither party to the transaction holds
a dealer license. Existing law provides for several exceptions from
this requirement, including sales made to authorized law enforcement
representatives, delivery of a firearm to a gunsmith for repair,
transactions involving a firearm that is a curio or relic, or the
loaning of a firearm for use solely as a prop in a motion picture,
among others.  
    Existing 
    (1)    Existing  law provides for the
testing of handguns and requires the Department of Justice to
maintain a roster listing all handguns that are determined not to be
unsafe handguns. Existing law makes it a crime, punishable by
imprisonment in a county jail not exceeding one year, to manufacture,
import into the state for sale, keep for sale, offer or expose for
sale, give, or lend an unsafe handgun. Existing law provides that the
provisions defining and governing unsafe handguns do not apply 
to a firearm that is a curio or relic or  to certain
transactions, including the sale, loan, or transfer of any firearm in
a transaction that requires the use of a licensed dealer, 
or  where the sale, loan, or transfer is exempt from the
provisions of law requiring the transfer to be conducted through a
licensed firearms dealer,  among others   or to
the delivery of a firearm to a licensed dealer for purposes of a
consignment sale or as collateral for a pawnbroker loan. Existing law
also makes the provisions defining and governing unsafe handguns
inapplicable to 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, as specified  .

   This bill would delete these exemptions and would make the
provisions defining and governing unsafe handguns inapplicable to the
loan or rental of any pistol, revolver, or other firearm capable of
being concealed on the person that is used solely as a prop during
the course of a motion picture, television, video production, or
event, provided the loan or rental is conducted through a licensed
firearms dealer, and provided the weapon is returned to the owner
before or upon completion of the production or event. By expanding
the definition of a crime, this bill would impose a state-mandated
local program.  
   (2) Existing law makes the provisions defining and governing
unsafe handguns inapplicable to a single-shot pistol, as specified.
 
   This bill would instead make the provisions defining and governing
unsafe handguns inapplicable to a single-shot pistol with a break
top or bolt action. The bill would make this exemption inapplicable
to a semiautomatic pistol that has been temporarily or permanently
altered so that it will not fire in a semiautomatic mode. By
expanding the definition of a crime, this bill would impose a
state-mandated local program.  
   This bill would repeal these exemptions, and would instead make
the prohibition on manufacturing, importing, selling, giving, or
lending an unsafe handgun inapplicable to the sale, loan, or transfer
of any firearm that is exempt from the requirement that a firearms
transaction to be completed through a licensed firearms dealer. By
expanding the definition of a crime, this bill would impose a
state-mandated local program.  
   (2) 
    (3)  Existing law exempts the purchase of a handgun from
the above prohibition on manufacturing, importing, selling, giving,
or lending an unsafe handgun if the handgun is sold to, or purchased
by, the Department of Justice, a police department, a sheriff's
official, a marshal's office, the Department of Corrections and
Rehabilitation, the California Highway Patrol, any district attorney'
s office, or the military or naval forces of this state or of the
United States for use in the discharge of their official duties.
   This bill would prohibit a person exempted under the above
provision from selling or otherwise transferring the ownership of the
handgun to a person who is not exempted under the same provision
unless the transaction is exempt from the requirement to complete the
transaction through a licensed dealer. By expanding the definition
of a crime, this bill would impose a state-mandated local program.

   (3) 
    (4)  The bill would also make nonsubstantive, technical
corrections. 
   (4) 
    (5)  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 32000 of the Penal Code is amended to read:
   32000.  (a) Commencing January 1, 2001, any person in this state
who manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or
lends any unsafe handgun shall be punished by imprisonment in a
county jail not exceeding one year.
   (b) This section shall not apply to any of the following:
   (1) The manufacture in this state, or importation into this state,
of a prototype handgun when the manufacture or importation is for
the sole purpose of allowing an independent laboratory certified by
the Department of Justice pursuant to Section 32010 to conduct an
independent test to determine whether that handgun is prohibited by
Sections 31900 to 32110, inclusive, and, if not, allowing the
department to add the firearm to the roster of handguns that may be
sold in this state pursuant to Section 32015.
   (2) The importation or lending of a handgun by employees or
authorized agents of entities determining whether the weapon is
prohibited by this section.
   (3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
   (4) The sale or purchase of a handgun, if the handgun is sold to,
or purchased by, the Department of Justice, a police department, a
sheriff's official, a marshal's office, the Department of Corrections
and Rehabilitation, the California Highway Patrol, any district
attorney's office, or the military or naval forces of this state or
of the United States for use in the discharge of their official
duties. This section does not prohibit the sale to, or purchase by,
sworn members of these agencies of a handgun.  Except as
provided inparagraph (5) , a   A  person who, under
this paragraph, acquires a handgun that is not on the roster
required by Section  23015   32015  , shall
not sell or otherwise transfer ownership of the handgun to a person
who is not exempted under this paragraph. 
   (5) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545. 
   (c) Violations of subdivision (a) are cumulative with respect to
each handgun and shall not be construed as restricting the
application of any other law. However, an act or omission punishable
in different ways by this section and other provisions of law shall
not be punished under more than one provision, but the penalty to be
imposed shall be determined as set forth in Section 654. 
  SEC. 2.   Section 32110 of the Penal Code is
repealed. 
   SEC. 2.    Section 32100 of the   Penal Code
  is amended to read: 
   32100.  (a) Article 4 (commencing with Section 31900) and Article
5 (commencing with Section 32000) shall not apply to a single-action
revolver that has at least a five-cartridge capacity with a barrel
length of not less than three inches, and meets any of the following
specifications:
   (1) Was originally manufactured prior to 1900 and is a curio or
relic, as defined in Section 478.11 of Title 27 of the Code of
Federal Regulations.
   (2) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled.
   (3) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled and that is currently approved for
importation into the United States pursuant to the provisions of
paragraph (3) of subsection (d) of Section 925 of Title 18 of the
United States Code.
   (b) Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to a single-shot
pistol with a  break top or bolt action and a  barrel length
of not less than six inches and that has an overall length of at
least 10 inches when the handle, frame or receiver, and barrel are
assembled.  However, Article 4 (commencing with Section 31900)
and Article 5 (commencing with Section 32000) shall apply to a
semiautomatic pistol that has been  temporarily or
permanently altered so that it will not fire in a semiautomatic mode.

   SEC. 3.    Section 32110 of the   Penal Code
  is amended to read: 
   32110.  Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following: 
   (a) The sale, loan, or transfer of any firearm pursuant to Chapter
5 (commencing with Section 28050) of Division 6 in order to comply
with Section 27545.  
   (b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545.  
   (c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 32000.  

   (d) 
    (a)  The delivery of a pistol, revolver, or other
firearm capable of being concealed upon the person to a person
licensed pursuant to Sections 26700 to 26915, inclusive, for the
purposes of the service or repair of that firearm. 
   (e) 
    (b)  The return of a pistol, revolver, or other firearm
capable of being concealed upon the person by a person licensed
pursuant to Sections 26700 to 26915, inclusive, to its owner where
that firearm was initially delivered in the circumstances set forth
in  subdivision (a), (d), (f), or (i)  
subdivisions (a), (c), and (d)  . 
   (f) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Sections 26700 to 26915, inclusive, 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 478.11 of Title 27 of the Code of
Federal Regulations.  
   (h) 
    (c)  The  sale, loan, or transfer  
loan or rental  of any  semiautomatic  pistol
 , revolver, or other firearm capable of being concealed upon the
person  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  , provided the loan or rental is conducted
through a person licensed pursuant to Sections 26700 to 26915,
inclusive, and provided the weapon is returned to the owner before or
upon completion of the production or event  . 
   (i) 
    (d)  The delivery of a pistol, revolver, or other
firearm capable of being concealed upon the person to a person
licensed pursuant to Sections 26700 to 26915, inclusive, where the
firearm is being loaned by the licensee to a consultant-evaluator.

   (j) 
    (e)  The delivery of a pistol, revolver, or other
firearm capable of being concealed upon the person by a person
licensed pursuant to Sections 26700 to 26915, inclusive, where the
firearm is being loaned by the licensee to a consultant-evaluator.

   (k) 
    (f)  The return of a pistol, revolver, or other firearm
capable of being concealed upon the person to a person licensed
pursuant to Sections 26700 to 26915, inclusive, where it was
initially delivered pursuant to subdivision  (j) 
 (e)  .
   SEC. 3.   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.