BILL ANALYSIS Ó AB 169 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 169 (Dickinson) As Amended September 3, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |43-27|(May 2, 2013) |SENATE: |21-15|(September 9, | | | | | | |2013) | ----------------------------------------------------------------- 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 AB 169 Page 2 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. AB 169 Page 3 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 AB 169 Page 4 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