California Legislature—2013–14 Regular Session

Assembly BillNo. 1964


Introduced by Assembly Member Dickinson

February 19, 2014


An act to amend Section 32100 of the Penal Code, relating to unsafe handguns.

LEGISLATIVE COUNSEL’S DIGEST

AB 1964, as introduced, Dickinson. Unsafe handguns: single-shot pistols.

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 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.

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:

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SECTION 1.  

Section 32100 of the Penal Code is amended to
2read:

3

32100.  

(a) Article 4 (commencing with Section 31900) and
4Article 5 (commencing with Section 32000) shall not apply to a
5single-action revolver that has at least a five-cartridge capacity
6with a barrel length of not less than three inches, and meets any
7of the following specifications:

8(1) Was originally manufactured prior to 1900 and is a curio or
9relic, as defined in Section 478.11 of Title 27 of the Code of
10Federal Regulations.

11(2) Has an overall length measured parallel to the barrel of at
12least seven and one-half inches when the handle, frame or receiver,
13and barrel are assembled.

14(3) Has an overall length measured parallel to the barrel of at
15least seven and one-half inches when the handle, frame or receiver,
16and barrel are assembled and that is currently approved for
17importation into the United States pursuant to the provisions of
18paragraph (3) of subsection (d) of Section 925 of Title 18 of the
19United States Code.

20(b) Article 4 (commencing with Section 31900) and Article 5
21(commencing with Section 32000) shall not apply to a single-shot
22pistol with abegin insert break top or bolt action and aend insert barrel length of not
23less than six inches and that has an overall length of at least 10½
24inches when the handle, frame or receiver, and barrel are
25assembled.begin insert However, end insertbegin insertArticle 4 (commencing with Section 31900)
26and Article 5 (commencing with Section 32000) shall apply to a
27semiautomatic pistol that has been temporarily or permanently
28altered so that it will not fire in a semiautomatic mode.end insert

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SEC. 2.  

No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
P3    1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.



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