Senate BillNo. 293


Introduced by Senator DeSaulnier

(Coauthor: Assembly Member Holden)

February 14, 2013


An act to amend Sections 31910 and 32010 of, and to add Sections 32040 and 32050 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 293, as introduced, DeSaulnier. Firearms: owner-authorized handguns.

Existing law establishes criteria for determining if a handgun is unsafe. Existing law generally requires manufacturers to submit samples of new handgun models for testing to determine if they are unsafe or may be approved for sale, as specified. Other provisions of existing law, subject to exceptions, generally make it an offense to manufacture or sell a handgun that is not safe.

This bill would provide that commencing 18 months following the Attorney General’s reporting that owner-authorized handguns are available for retail sale, as specified, a handgun would be unsafe if it was not owner-authorized, as defined, and would provide an exception to these provisions for the sale, loan, or transfer of handguns manufactured in or imported into this state prior to that date, as specified. The bill would specify requirements that owner-authorized handguns would be required to meet in order for the Attorney General to determine that owner-authorized handguns are available for retail sale, and in order to comply with certain safety standards, as specified.

By expanding the application of provisions of law that define a criminal offense, this bill would impose a state-mandated local program.

The bill would require the Attorney General, commencing July 1, 2014, and every July 1 thereafter through July 1, 2019, to report to the Governor and the Legislature regarding the progress made on the availability for retail sale of owner-authorized handguns, as specified.

The bill would also provide that, commencing 18 months following the Attorney General’s reporting that owner-authorized handguns are available for retail sale, as specified, any person who intentionally disables or circumvents the technology of an owner-authorized handgun is guilty of a misdemeanor.

By creating a new 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:

P2    1

SECTION 1.  

Section 31910 of the Penal Code is amended to
2read:

3

31910.  

As used in this part, “unsafe handgun” means any pistol,
4revolver, or other firearm capable of being concealed upon the
5person, for which any of the following is true:

6(a) For a revolver:

7(1) It does not have a safety device that, either automatically in
8the case of a double-action firing mechanism, or by manual
9operation in the case of a single-action firing mechanism, causes
10the hammer to retract to a point where the firing pin does not rest
11upon the primer of the cartridge.

12(2) It does not meet the firing requirement for handguns.

13(3) It does not meet the drop safety requirement for handguns.

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14(4) Commencing 18 months following the release of a report
15by the Attorney General to the Legislature and the Governor
16reporting that owner-authorized handguns are available for retail
17sale, pursuant to Section 32040, it is not an owner-authorized
18handgun, provided, however, that this paragraph shall not apply
19to the sale, loan, or transfer of a revolver manufactured in or
20imported into this state prior to that date.

end insert

21(b) For a pistol:

P3    1(1) It does not have a positive manually operated safety device,
2as determined by standards relating to imported guns promulgated
3by the federal Bureau of Alcohol, Tobacco, Firearms and
4Explosives.

5(2) It does not meet the firing requirement for handguns.

6(3) It does not meet the drop safety requirement for handguns.

7(4) Commencing January 1, 2006, for a center fire
8semiautomatic pistol that is not already listed on the roster pursuant
9to Section 32015, it does not have either a chamber load indicator,
10or a magazine disconnect mechanism.

11(5) Commencing January 1, 2007, for all center fire
12semiautomatic pistols that are not already listed on the roster
13pursuant to Section 32015, it does not have both a chamber load
14indicator and if it has a detachable magazine, a magazine
15disconnect mechanism.

16(6) Commencing January 1, 2006, for all rimfire semiautomatic
17pistols that are not already listed on the roster pursuant to Section
1832015, it does not have a magazine disconnect mechanism, if it
19has a detachable magazine.

20(7) (A) Commencing January 1, 2010, for all semiautomatic
21pistols that are not already listed on the roster pursuant to Section
2232015, it is not designed and equipped with a microscopic array
23of characters that identify the make, model, and serial number of
24the pistol, etched or otherwise imprinted in two or more places on
25the interior surface or internal working parts of the pistol, and that
26are transferred by imprinting on each cartridge case when the
27firearm is fired, provided that the Department of Justice certifies
28that the technology used to create the imprint is available to more
29than one manufacturer unencumbered by any patent restrictions.

30(B) The Attorney General may also approve a method of equal
31or greater reliability and effectiveness in identifying the specific
32serial number of a firearm from spent cartridge casings discharged
33by that firearm than that which is set forth in this paragraph, to be
34thereafter required as otherwise set forth by this paragraph where
35the Attorney General certifies that this new method is also
36unencumbered by any patent restrictions. Approval by the Attorney
37General shall include notice of that fact via regulations adopted
38by the Attorney General for purposes of implementing that method
39for purposes of this paragraph.

P4    1(C) The microscopic array of characters required by this section
2shall not be considered the name of the maker, model,
3manufacturer’s number, or other mark of identification, including
4any distinguishing number or mark assigned by the Department
5of Justice, within the meaning of Sections 23900 and 23920.

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6(8) Commencing 18 months following the release of a report
7by the Attorney General to the Legislature and the Governor
8reporting that owner-authorized handguns are available for retail
9sale, pursuant to Section 32040, it is not an owner-authorized
10handgun, provided, however, that this paragraph shall not apply
11to the sale, loan, or transfer of a pistol manufactured in or imported
12into this state prior to that date.

end insert
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13(c) In addition to complying with the provisions of subdivisions
14(a) and (b), as applicable, owner-authorized handguns shall comply
15with the following performance standards:

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16(1) The firearm shall not fail to recognize the authorized user,
17and shall not falsely recognize an unauthorized user, more than
18one time per thousand recognition attempts.

end insert
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19(2) The time from first contact to use recognition and firearm
20enablement shall be no more than 0.5 seconds.

end insert
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21(3) The time from loss of contact with the authorized user to
22firearm disablement shall be no more than 0.5 seconds.

end insert
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23(4) When the firearm is enabled, the “ready” condition shall
24be indicated by a visible indicator.

end insert
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25(5) If the recognition technology on the firearm is battery
26operated, the firearm shall be equipped with a low power indicator
27that emits an audible signal.

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28(6) If the user is not recognized, or if the power supply fails, the
29firearm shall be inoperable.

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30(7) Enabling authorized user information shall be stored in the
31firearm as permanent memory that is restored when power is
32restored.

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33(8) The firearm shall be capable of use by more than one
34authorized user and, if the firearm uses hand recognition
35technology, it shall recognize either of the authorized user’s hands.

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36(d) As used in this section, an “owner-authorized handgun”
37means a handgun that has a permanent programmable biometric
38or other permanent programmable feature as part of its original
39manufacture that renders the handgun incapable of being fired
40except when activated by the lawful owner or other users
P5    1authorized by the lawful owner, and that cannot be readily
2deactivated.

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3(1) An owner-authorized handgun shall only be programmed
4by a licensed firearms dealer.

end insert
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5(2) Biometric data collected for purposes of programming the
6owner-authorized handgun shall not be used for any purpose other
7than programming the owner-authorized handgun.

end insert
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8(3) The Department of Justice shall not retain any biometric
9data that may be stored in an owner-authorized handgun.

end insert
10

SEC. 2.  

Section 32010 of the Penal Code is amended to read:

11

32010.  

(a) Any pistol, revolver, or other firearm capable of
12being concealed upon the person manufactured in this state,
13imported into the state for sale, kept for sale, or offered or exposed
14for sale, shall be tested within a reasonable period of time by an
15independent laboratory certified pursuant to subdivision (b) to
16determine whether that pistol, revolver, or other firearm capable
17of being concealed upon the person meets or exceeds the standards
18defined in Section 31910.

19(b) On or before October 1, 2000, the Department of Justice
20shall certify laboratories to verify compliance with the standards
21defined in Section 31910. The department may charge any
22laboratory that is seeking certification to test any pistol, revolver,
23or other firearm capable of being concealed upon the person
24pursuant to Sections 31900 to 32110, inclusive, a fee not exceeding
25the costs of certification.

26(c) The certified testing laboratory shall, at the manufacturer’s
27or importer’s expense, test the firearm and submit a copy of the
28final test report directly to the Department of Justice along with a
29prototype of the weapon to be retained by the department. The
30department shall notify the manufacturer or importer of its receipt
31of the final test report and the department’s determination as to
32whether the firearm tested may be sold in this state.

33(d) (1) Commencing January 1, 2006, no center-fire
34semiautomatic pistol may be submitted for testing pursuant to
35Sections 31900 to 32110, inclusive, if it does not have either a
36chamber load indicator, or a magazine disconnect mechanism if
37it has a detachable magazine.

38(2) Commencing January 1, 2007, no center-fire semiautomatic
39pistol may be submitted for testing pursuant to Sections 31900 to
P6    132110, inclusive, if it does not have both a chamber load indicator
2and a magazine disconnect mechanism.

3(3) Commencing January 1, 2006, no rimfire semiautomatic
4pistol may be submitted for testing pursuant to Sections 31900 to
532110, inclusive, if it has a detachable magazine, and does not
6have a magazine disconnect mechanism.

begin insert

7(4) Commencing 18 months following the release of a report
8by the Attorney General to the Legislature and the Governor
9reporting that owner-authorized handguns are available for retail
10sale, pursuant to Section 32040, no handgun may be submitted for
11testing pursuant to this chapter if it is not an owner-authorized
12handgun as defined in Section 31910.

end insert
13

SEC. 3.  

Section 32040 is added to the Penal Code, to read:

14

32040.  

(a) The Attorney General shall, commencing July 1,
152014, and every July 1 thereafter through July 1, 2019, submit a
16written report to the Governor and the Legislature summarizing
17the current availability of owner-authorized handguns, as defined
18in subdivision (d) of Section 31910. The Attorney General shall
19continue to submit reports until he or she has reported that
20owner-authorized handguns are available for retail sale.

21(b) Each report shall state whether owner-authorized handguns
22are available for retail sale, and if not, what progress, if any, has
23been made in the development of that technology since the previous
24report.

25(c) Each report shall state what, if any, pressures exist within
26the firearms industry to deliberately withhold owner-authorized
27handguns from the market.

28(d) The Attorney General shall consult with law enforcement
29agencies, firearms industry representatives, private technology
30providers, the State Department of Public Health, the University
31of California, other higher learning institutions, and other
32appropriate parties in making reports and recommendations
33pursuant to this section.

34(e) Each report shall explicitly state all sources consulted and
35relied upon, including the names and affiliations of those sources,
36and shall be made publicly accessible.

37(f) Once the Attorney General has reported that
38owner-authorized handguns are being produced and offered for
39sale in any state or country, the Attorney General shall contact the
40manufacturer in writing and inform it of the provisions of
P7    1California law relating to owner-authorized handguns. The
2Attorney General shall invite the manufacturer to submit its
3owner-authorized handguns for testing at the manufacturer’s
4expense.

5(g) Owner-authorized handguns shall be deemed available for
6retail sale when at least one domestic or foreign manufacturer has
7submitted its owner-authorized handgun for testing and the
8Attorney General has determined that it meets the performance
9standards set forth in subdivision (c) of Section 31910, provided
10that the Attorney General may not certify that “owner-authorized
11handguns” are available for retail sale, unless the Attorney General
12has determined that the requirements in either paragraph (1) or (2)
13apply:

14(1) The manufacturer has the capacity to meet the reasonably
15expected demand of California residents for the new handguns,
16there is one technology that meets the required standards, and the
17manufacturer has provided written assurances that any applicable
18patents will either not be asserted or will be available for licensing
19on a nonexclusive basis on reasonable and nondiscriminatory
20terms.

21(2) There are at least two technologies that meet the required
22standards.

23(h) (1) The requirement for submitting a report imposed under
24subdivision (a) is inoperative on January 1, 2020, pursuant to
25Section 10231.5 of the Government Code.

26(2) A report to be submitted pursuant to subdivision (a) shall
27be submitted in compliance with Section 9795 of the Government
28Code.

29

SEC. 4.  

Section 32050 is added to the Penal Code, to read:

30

32050.  

Commencing 18 months following the release of a
31report by the Attorney General to the Legislature and the Governor
32reporting that owner-authorized handguns are available for retail
33sale, pursuant to Section 32040, any person who intentionally
34disables or circumvents the technology of an owner-authorized
35handgun, other than a licensed dealer as necessary to program the
36owner-authorized handgun, is guilty of a misdemeanor.

37

SEC. 5.  

No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P8    1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.



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