BILL ANALYSIS Ó
AB 169
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Date of Hearing: April 17, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 169 (Dickinson) - As Amended: April 1, 2013
Policy Committee: Public Safety
Vote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill explicitly limits the transfer or sale of unsafe
handguns to those authorized to possess them, and applies unsafe
handgun restrictions to single-shot pistols that can be easily
modified to semi-automatic weapons.
FISCAL EFFECT
Minor nonreimbursable local costs for incarceration, offset to a
degree by increased fine revenue, to the extent the misdemeanor
penalty for selling or providing unsafe handguns is applied to
additional cases.
COMMENTS
1)Rationale. Current law specifies the sale, loan, or transfer
of guns in most cases must be through a state licensed dealer
or a local law enforcement agency. Current law also provides
that unsafe handguns, as specified, may not be manufactured or
sold in California. The Department of Justice (DOJ) is
required to maintain a roster of unsafe handguns.
Current law provides exemptions from the unsafe handgun law,
including law enforcement officers, as defined, private
parties where the weapon was previously owned, gunsmiths,
curio dealers, pawnbrokers, and persons using the guns as a
movie props.
According to the author, "AB 169 closes a couple of loopholes
in state law that, without correction, allow unsafe handguns
to be easily transferred to individuals who are not trained to
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handle such weapons, or do not have a legitimate need to own
such a weapon, or to be purchased by anyone if the weapon
undergoes a simple modification that can be easily undone?
"Unfortunately, there is nothing to prohibit any of these
permitted persons to turn around and sell the guns to people
who cannot make an original purchase. Another loophole allows
anyone to buy an unsafe handgun if it is modified to fire only
a single shot. But this modification can be easily undone."
2)The need for the limitation on sales and transfers to exempted
persons is unclear as current law already prohibits the sale
of unsafe handguns to persons not authorized to make such a
purchase. Current law prohibiting sale or transfer of unsafe
handguns to nonexempt persons does not exempt sale or transfer
by law enforcement or military personnel to non-law
enforcement or non-military personnel.
3)Prior Legislation . AB 2460 (Dickinson), 2012, was similar in
that it prohibited specified law enforcement entities and
officers from selling or transferring ownership of an unsafe
handgun to any entity or person not otherwise exempted from
possession of an unsafe handgun. AB 2460 was vetoed by the
Gov. Brown, who stated, "This bill would restrict law
enforcement and military personnel - and only those
individuals - from selling lawfully purchased handguns that
have not been certified by the Attorney General's Office.
"This bill takes from law enforcement officers the right to an
activity that remains legally available to every private
citizen. I don't believe this is justified."
This bill addresses the governor's stated concern by stating
that any person exempt from the unsafe handgun provisions may
only sell or transfer a gun to another exempt party.
4)Unsafe handguns . SB 15 (Polanco), Statutes of 1999, made it a
misdemeanor for any person to manufacture, import for sale,
offer for sale, give, or lend any unsafe handgun, as defined,
with certain specific exceptions. SB 15 defined an unsafe
handgun as one that a) does not have a requisite safety
device; b) does not meet specified firing tests; and c) does
not meet a specified drop safety test.
5)Support . According to the California Chapters of the Brady
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Campaign, "Most law enforcement personnel are exempt from the
requirements of SB 15 (Safe Handgun Act). The need for this
bill became clear when it came to light that certain members
of the Sacramento County Sheriff's Department were engaging in
the sale of unsafe handguns to persons who were not exempt as
a profit making venture. This practice was a blatant
violation of the intent of the Safe Handgun act and put unsafe
handguns in the hands of the general public."
6)Opposition. The National Rifle Association contends this bill
prohibits the transfer of millions of lawfully owned handguns.
"Most of the handguns lawfully possessed in California today,
are not currently or will ever be allowed, to be added to DOJ
approved handgun roster. These handguns have fallen off the
roster, were manufactured and/or purchased prior to the
State's enactment of the handgun roster law. The passage AB
169 would leave gun owners who lawfully purchased a handgun
that previously appeared on the DOJ approved roster with no
means to sell or transfer their handgun, if that firearm is no
longer listed on the roster."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081