BILL ANALYSIS Ó
AB 169
Page 1
GOVERNOR'S VETO
AB 169 (Dickinson)
As Amended September 3, 2013
2/3 vote
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| |43-27|(May 2, 2013) |SENATE: |21-15|(September 9, |
| | | | | |2013) |
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|ASSEMBLY: | | | | | |
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|ASSEMBLY: |46-30|(September 10, | | | |
| | |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
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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
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
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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.
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.
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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
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."
GOVERNOR'S VETO MESSAGE :
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Current law restricts the sale of so-called "off
roster" handguns - with several exemptions.
Exemptions include sales between private parties and
sales of single-shot handguns. Current law also
prohibits the sale of more than five handguns per
year, whether off-roster or not, except by a
licensed firearms dealer.
AB 169 would close a loophole in the single-shot
exemption. That makes sense.
The bill would also restrict private party
off-roster sales to two per year. I do not support
restricting sales in this way without evidence that
such restrictions would improve public safety.
I will work with the Bureau of Firearms in the
Department of Justice to ensure better tracking and
enforcement to prevent individuals from violating
the existing five-per-year limit.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN:
0002934