AB 1985, as introduced, Donnelly. Firearms: prohibitions: exemptions: federal corrections agencies.
(1) Existing law makes it a crime to possess an assault weapon, and a crime to possess or manufacture, distribute, transport, import for sale, keep for sale, offer or expose for sale, or give or lend any .50 BMG rifle. Under existing law, these prohibitions on assault weapons and .50 BMG rifles do not apply to the sale to, purchase by, importation of, or possession by the Department of Corrections and Rehabilitation or to any federal law enforcement agency, among other entities.
This bill would also make the above prohibitions inapplicable to the sale to, purchase by, importation of, or possession of assault weapons or a .50 BMG rifle by any federal correctional agency.
(2) Existing law makes it a crime for any person in this state to manufacture, import into the state, keep for sale, offer or expose for sale, give, or lend any unsafe handgun. Under existing law, this prohibition does apply to the sale or purchase of a handgun if the handgun is sold to, or purchased by, the Department of Corrections and Rehabilitation or to any federal law enforcement agency, among other entities.
This bill would also make the above prohibition inapplicable to the sale to, or purchase by, any federal correctional agency.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 30625 of the Penal Code is amended to
2read:
Sections 30600, 30605, and 30610 shall not apply to
4the sale to, purchase by, importation of, or possession of assault
5weapons or a .50 BMG rifle by the Department of Justice, police
6departments, sheriffs’ offices, marshals’ offices, the Department
7of Corrections and Rehabilitation, the Department of the California
8Highway Patrol, district attorneys’ offices, the Department of Fish
9and Game, the Department of Parks and Recreation, or the military
10or naval forces of this state or of the United States,begin delete orend delete any federal
11law enforcement agencybegin insert, or any federal correctional agencyend insert for
12use in the discharge of their official duties.
Section 32000 of the Penal Code is amended to read:
(a) Commencing January 1, 2001, any person in this
15state who manufactures or causes to be manufactured, imports into
16the state for sale, keeps for sale, offers or exposes for sale, gives,
17or lends any unsafe handgun shall be punished by imprisonment
18in a county jail not exceeding one year.
19(b) This section shall not apply to any of the following:
20(1) The manufacture in this state, or importation into this state,
21of a prototype handgun when the manufacture or importation is
22for the sole purpose of allowing an independent laboratory certified
23by the Department of Justice pursuant to Section 32010 to conduct
24an independent test to determine whether that handgun is prohibited
25by Sections 31900 to 32110,
inclusive, and, if not, allowing the
26department to add the firearm to the roster of handguns that may
27be sold in this state pursuant to Section 32015.
28(2) The importation or lending of a handgun by employees or
29authorized agents of entities determining whether the weapon is
30prohibited by this section.
31(3) Firearms listed as curios or relics, as defined in Section
32478.11 of Title 27 of the Code of Federal Regulations.
33(4) The sale or purchase of a handgun, if the handgun is sold
34to, or purchased by, the Department of Justice, a police department,
35a sheriff’s official, a marshal’s office, the Department of
P3 1Corrections and Rehabilitation, the California Highway Patrol,
2any district attorney’s office, any federal law enforcement agency,
3begin insert
any federal correctional agency,end insert or the military or naval forces of
4this state or of the United States for use in the discharge of their
5official duties. This section does not prohibit the sale to, or
6purchase by, sworn members of these agencies of a handgun.
7(c) Violations of subdivision (a) are cumulative with respect to
8each handgun and shall not be construed as restricting the
9application of any other law. However, an act or omission
10punishable in different ways by this section and other provisions
11of law shall not be punished under more than one provision, but
12the penalty to be imposed shall be determined as set forth in Section
13654.
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