BILL ANALYSIS Ó AB 1964 Page 1 ASSEMBLY THIRD READING AB 1964 (Dickinson) As Introduced February 19, 2014 Majority vote PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, | | |Quirk, Skinner, Stone, | |Bradford, | | | | |Ian Calderon, Campos, | | | | |Eggman, Gomez, Holden, | | | | |Pan, Quirk, | | | | |Ridley-Thomas, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Melendez, Waldron |Nays:|Bigelow, Allen, Donnelly, | | | | |Linder, Wagner | ----------------------------------------------------------------- SUMMARY : Makes the provisions regulating unsafe handguns inapplicable to a single-shot pistol with a break top or bolt action. Specifically, this bill : makes this exemption from the unsafe handgun list inapplicable to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semi-automatic mode. 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 AB 1964 Page 2 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; and 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. FISCAL EFFECT : According to the Assembly Appropriations Committee, 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)Author's Statement: According to the author, "The single shot exemption undermines the state Unsafe Handgun Law and results in an increasing number of handguns being obtained that do not AB 1964 Page 3 meet state safety requirements. Buyers have learned that altering a semi-automatic handgun so that it becomes a single shot handgun can be easily undone, returning the weapon to its original illegal configuration. "AB 1964 will eliminate the exemption for single shot handguns in the state Unsafe Handgun law. AB 1964 will halt the growing trend of people buying and converting unsafe handguns to get around state mandated safety features and/or safety test for handguns sold in California. "Pursuant to AB 1964 no one will be able to purchase an unsafe handgun in California by virtue of it being a single shot weapon. "AB 1964 will ensure that more handguns purchased through a dealer are handguns which meet all safety and firing tests and contain all state required handgun safety features." 2)Single Shot Handgun Modifications from Semi-Automatic Weapons: According to the background provided by the author, existing law provides that the sale, loan, or transfer of firearms must be processed by, or through, a state licensed dealer or a local law enforcement agency. Existing law also provides that no "unsafe handgun" may be manufactured or sold in California by a licensed dealer, as specified, and requires that the DOJ prepare and maintain a roster of handguns which are determined to be safe. "Unsafe handguns" are defined as those which do not have requisite safety devices, do not meet specified firing tests, or do not meet a drop safety test, and therefore do not appear on the DOJ safe handgun roster. Since the enactment of the Unsafe Handgun law, the statute has been amended a number of times to add exemptions to the prohibitions on buying and selling the affected weapons. One of the most significant loopholes in the Unsafe Handgun law concerns single shot handguns. In effect, a person may purchase a handgun which is manufactured or altered to only accept a single bullet (no semi-automatic reload of a bullet in the firing chamber), even if the handgun is considered by the DOJ as unsafe, (i.e. not meeting state safe handgun requirements, and therefore not on the state safe handgun roster). AB 1964 Page 4 Up until 2009, no more than 1100 single shot handguns which did not contain state required safety features or failed state safety tests, were purchased and registered each year, often far fewer than that. However, beginning in 2010, the number of unsafe single shot handguns purchased and registered skyrocketed. In 2013 alone, more than 18,000 of these weapons were purchased in California. The jump in the purchase of unsafe single shot handguns coincides with the enactment of new handgun safety requirements such as bullet chamber load indicators and micro-stamping of bullets. In essence, more people are using the exemption to acquire guns they would otherwise be unable to legally purchase if the gun was bought in its original semi-automatic configuration. The conversion of semi-automatic handguns to single shot handguns can be easily undone by a buyer or the dealer after the buyer takes delivery of the weapon. Reconverting a single shot handgun into its original semi-automatic configuration undermines the state Unsafe Handgun law and results in an increasing number of handguns being obtained that do not meet state safety requirements. Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0003161