BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 169
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 169 (Dickinson)
          As Amended  September 3, 2013
          Majority vote
           
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          |ASSEMBLY:  |43-27|(May 2, 2013)   |SENATE: |21-15|(September 9,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Changes provisions related to unsafe handguns by  
          limiting the transfer of unsafe handguns to those who are  
          authorized to possess them, and by applying the provisions to  
          single-shot pistols which can be easily modified to  
          semi-automatic weapons.  
           
          The Senate amendments  :

          1)Specify that the provisions defining and governing unsafe  
            handguns are inapplicable to the surrender of a handgun  
            capable of being concealed upon the person to a local law  
            enforcement agency.

          2)Limit the exemptions from the unsafe handgun roster to two  
            firearms per year.

          3)Double joint this bill with SB 363 (Wright) of the current  
            legislative session.

          4)Make technical, non-substantive and definitional changes.

           EXISTING LAW :  

          1)Provides that any person in California 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.  

             a)   Specifies that this section shall not apply to any of  
               the following:

               i)     The manufacture in California, or importation into  








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                 this state, of any prototype pistol, revolver, or other  
                 firearm capable of being concealed upon the person when  
                 the manufacture or importation is for the sole purpose of  
                 allowing an independent laboratory certified by the  
                 Department of Justice (DOJ) to conduct an independent  
                 test to determine whether that pistol, revolver, or other  
                 firearm capable of being concealed upon the person is  
                 prohibited, inclusive, and, if not, allowing the  
                 department to add the firearm to the roster of pistols,  
                 revolvers, and other firearms capable of being concealed  
                 upon the person that may be sold in this.

               ii)    The importation or lending of a pistol, revolver, or  
                 other firearm capable of being concealed upon the person  
                 by employees or authorized agents of entities determining  
                 whether the weapon is prohibited by this section.

               iii)   Firearms listed as curios or relics, as defined in  
                 federal law.

               iv)    The sale or purchase of any pistol, revolver, or  
                 other firearm capable of being concealed upon the person,  
                 if the pistol, revolver, or other firearm is sold to, or  
                 purchased by, the DOJ, any police department, any  
                 sheriff's official, any marshal's office, the Youth and  
                 Adult Correctional Agency, 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.  Nor shall  
                 anything in this section prohibit the sale to, or  
                 purchase by, sworn members of these agencies of any  
                 pistol, revolver, or other firearm capable of being  
                 concealed upon the person.

          2)Specifies that violations of the unsafe handgun provisions are  
            cumulative with respect to each handgun and shall not be  
            construed as restricting the application of any other law.  

           AS PASSED BY THE ASSEMBLY  , this bill:
           
           1)Deleted exemptions from the unsafe handgun prohibitions that  
            permit specified individuals who are exempted parties to sell,  
            transfer, or loan that weapon to another person who may or may  
            not be an exempted party.









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          2)Made the provisions defining and governing of unsafe handguns  
            apply in the same manner to a single-shot pistol with a break  
            top or bolt action that apply to other firearms governed by  
            unsafe handgun provisions.  

          3)Prohibited a person exempted under the unsafe handgun  
            provisions from selling or otherwise transferring the  
            ownership of an otherwise prohibited 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.   

          4)Permited the transfer or sale of unsafe handguns between  
            similar licensed prop houses.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)Unknown; annual loss of revenue potentially in excess of  
            $150,000 (Special Fund*) due to the restriction on private  
            party transactions and consignment sales.

          2)Minor one-time costs to DOJ of $29,000 (Special Fund*) to  
            modify the Dealers Record of Sale (DROS) Entry System.

          3)Non-reimbursable local costs for enforcement to the extent  
            there are a greater number of violations of the not "unsafe  
            handgun" requirements. 

            *DROS Special Account

           COMMENTS  :  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 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.

          "Unsafe, or non-rostered handguns are those that are determined  
          by DOJ that do not have required safety features, do not meet  
          specified firing tests or do not meet a drop test. Few people  
          can legally purchase such guns through a dealer.  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  








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          unsafe handgun if it is modified to fire only a single shot.   
          But this modification can be easily undone.

          "Both loopholes allow the law to be abused.  Some of the parties  
          who are exempted from restrictions on owning an unsafe handgun  
          can, purchase these guns so that they can be resold to those who  
          are not exempted.  Blog traffic indicates that there is a  
          thriving market for such weapons and prices are at a premium.  
          This results in a proliferation of unsafe handguns among the  
          general population.

          "It is important to close this loophole to keep unsafe handguns  
          out of the hands of the general public and protect the integrity  
          of California law."  
           
          Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744                                                    


                                                                 FN:  
          0002380