Amended in Senate May 24, 2013

Senate BillNo. 293


Introduced by Senator DeSaulnier

(Coauthor: Assembly Member Holden)

February 14, 2013


An act to amendbegin delete Sectionsend deletebegin insert Sectionend insert 31910begin delete and 32010 of, and to add Sections 32040 and 32050 to,end deletebegin insert ofend insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 293, as amended, 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.begin insert Existing law requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe.end insert Other provisions of existing law, subject to exceptions, generally make it an offense to manufacture or sell a handgun that is not safe.

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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.

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This bill would define an owner-authorized handgun as a handgun that has a permanent feature that renders the handgun incapable of being fired except when activated by the lawful owner or owners of the handgun. The bill would specify requirements that an owner-authorized handgun would be required to meet, and would require a manufacturer that has developed an owner-authorized handgun meeting those requirements to submit the handgun for testing, at the manufacturer’s expense, before the handgun may be placed on the roster of handguns determined not to be unsafe. If two owner-authorized handguns have been placed on the roster, the bill would, commencing two years from the date that the second handgun was placed on the roster, prohibit the Department of Justice from placing a handgun on the roster that is not an owner-authorized handgun.

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

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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.

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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.

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By creating a new crime, this bill would impose a state-mandated local program.

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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:

P3    1

31910.  

As used in this part, “unsafe handgun” means any pistol,
2revolver, or other firearm capable of being concealed upon the
3person, for which any of the following is true:

4(a) For a revolver:

5(1) It does not have a safety device that, either automatically in
6the case of a double-action firing mechanism, or by manual
7operation in the case of a single-action firing mechanism, causes
8the hammer to retract to a point where the firing pin does not rest
9upon the primer of the cartridge.

10(2) It does not meet the firing requirement for handguns.

11(3) It does not meet the drop safety requirement for handguns.

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12(4) Commencing 18 months following the release of a report
13by the Attorney General to the Legislature and the Governor
14reporting that owner-authorized handguns are available for retail
15sale, pursuant to Section 32040, it is not an owner-authorized
16handgun, provided, however, that this paragraph shall not apply
17to the sale, loan, or transfer of a revolver manufactured in or
18imported into this state prior to that date.

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19(b) For a pistol:

20(1) It does not have a positive manually operated safety device,
21as determined by standards relating to imported guns promulgated
22by the federal Bureau of Alcohol, Tobacco, Firearms and
23Explosives.

24(2) It does not meet the firing requirement for handguns.

25(3) It does not meet the drop safety requirement for handguns.

26(4) Commencing January 1, 2006, for a center fire
27semiautomatic pistol that is not already listed on the roster pursuant
28to Section 32015, it does not have either a chamber load indicator,
29or a magazine disconnect mechanism.

30(5) Commencing January 1, 2007, for all center fire
31semiautomatic pistols that are not already listed on the roster
32pursuant to Section 32015, it does not have both a chamber load
33indicator and if it has a detachable magazine, a magazine
34 disconnect mechanism.

35(6) Commencing January 1, 2006, for all rimfire semiautomatic
36pistols that are not already listed on the roster pursuant to Section
3732015, it does not have a magazine disconnect mechanism, if it
38has a detachable magazine.

39(7) (A) Commencing January 1, 2010, for all semiautomatic
40pistols that are not already listed on the roster pursuant to Section
P4    132015, it is not designed and equipped with a microscopic array
2of characters that identify the make, model, and serial number of
3the pistol, etched or otherwise imprinted in two or more places on
4the interior surface or internal working parts of the pistol, and that
5are transferred by imprinting on each cartridge case when the
6firearm is fired, provided that the Department of Justice certifies
7that the technology used to create the imprint is available to more
8than one manufacturer unencumbered by any patent restrictions.

9(B) The Attorney General may also approve a method of equal
10or greater reliability and effectiveness in identifying the specific
11serial number of a firearm from spent cartridge casings discharged
12by that firearm than that which is set forth in this paragraph, to be
13thereafter required as otherwise set forth by this paragraph where
14the Attorney General certifies that this new method is also
15unencumbered by any patent restrictions. Approval by the Attorney
16General shall include notice of that fact via regulations adopted
17by the Attorney General for purposes of implementing that method
18for purposes of this paragraph.

19(C) The microscopic array of characters required by this section
20shall not be considered the name of the maker, model,
21manufacturer’s number, or other mark of identification, including
22any distinguishing number or mark assigned by the Department
23of Justice, within the meaning of Sections 23900 and 23920.

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24(8) Commencing 18 months following the release of a report
25by the Attorney General to the Legislature and the Governor
26reporting that owner-authorized handguns are available for retail
27sale, pursuant to Section 32040, it is not an owner-authorized
28handgun, provided, however, that this paragraph shall not apply
29to the sale, loan, or transfer of a pistol manufactured in or imported
30into this state prior to that date.

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31(c) In addition to complying with the provisions of subdivisions
32(a) and (b), as applicable, owner-authorized handguns shall comply
33with the followingbegin insert minimumend insert performance standards:

34(1) The firearm shall not fail to recognize the authorized user,
35and shall not falsely recognize an unauthorized user, more than
36one time per thousand recognition attempts.

37(2) The time from first contact to use recognition and firearm
38enablement shall be no more thanbegin delete 0.5end deletebegin insert 0.3end insert seconds.

39(3) The time from loss of contact with the authorized user to
40firearm disablement shall be no more thanbegin delete 0.5end deletebegin insert 0.3end insert seconds.

P5    1(4) When the firearm is enabled, the “ready” condition shall be
2indicated by a visible indicator.

3(5) If the recognition technology on the firearm is battery
4operated, the firearm shall be equipped with a low power indicator
5that emits an audible signal.

6(6) If the user is not recognized, or if the power supply fails,
7the firearm shall be inoperable.

8(7) Enabling authorized user information shall be stored in the
9firearm as permanent memory that is restored when power is
10restored.

11(8) The firearm shall be capable of use by more than one
12authorized user and, if the firearm uses hand recognition
13technology, it shall recognize either of the authorized user’s hands.

14(d) As used in this section, an “owner-authorized handgun”
15means a handgun that has a permanent programmable biometric
16or other permanent programmable feature as part of its original
17manufacture that renders the handgun incapable of being fired
18except when activated by the lawful owner or other users
19authorized by the lawful owner, and that cannot be readily
20deactivated.

21(1) An owner-authorized handgun shall only be programmed
22by a licensed firearms dealer.

23(2) Biometric data collected for purposes of programming the
24owner-authorized handgun shall not be used for any purpose other
25than programming the owner-authorized handgun.

26(3) The Department of Justice shall not retain any biometric
27data that may be stored in an owner-authorized handgun.

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28(e) (1) A manufacturer that has developed an owner-authorized
29handgun meeting the minimum standards specified in subdivision
30(c) shall submit the handgun for testing pursuant to Section 31905
31at the manufacturer’s expense before the handgun may be placed
32on the roster described in subdivision (a) of Section 32015.

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33(2) The Department of Justice shall place the owner-authorized
34handgun on the roster if it meets the standards specified in
35subdivision (c).

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36(3) If two owner-authorized handguns have been placed on the
37roster described in subdivision (a) of Section 32015, then
38commencing two years from the date that the second handgun was
39placed on the roster, no handgun may be placed on the roster by
40 the Department of Justice that is not an owner-authorized handgun.

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P6    1

SEC. 2.  

Section 32010 of the Penal Code is amended to read:

2

32010.  

(a) Any pistol, revolver, or other firearm capable of
3being concealed upon the person manufactured in this state,
4imported into the state for sale, kept for sale, or offered or exposed
5for sale, shall be tested within a reasonable period of time by an
6independent laboratory certified pursuant to subdivision (b) to
7determine whether that pistol, revolver, or other firearm capable
8of being concealed upon the person meets or exceeds the standards
9defined in Section 31910.

10(b) On or before October 1, 2000, the Department of Justice
11shall certify laboratories to verify compliance with the standards
12defined in Section 31910. The department may charge any
13laboratory that is seeking certification to test any pistol, revolver,
14or other firearm capable of being concealed upon the person
15pursuant to Sections 31900 to 32110, inclusive, a fee not exceeding
16the costs of certification.

17(c) The certified testing laboratory shall, at the manufacturer’s
18or importer’s expense, test the firearm and submit a copy of the
19final test report directly to the Department of Justice along with a
20prototype of the weapon to be retained by the department. The
21department shall notify the manufacturer or importer of its receipt
22of the final test report and the department’s determination as to
23whether the firearm tested may be sold in this state.

24(d) (1) Commencing January 1, 2006, no center-fire
25semiautomatic pistol may be submitted for testing pursuant to
26Sections 31900 to 32110, inclusive, if it does not have either a
27chamber load indicator, or a magazine disconnect mechanism if
28it has a detachable magazine.

29(2) Commencing January 1, 2007, no center-fire semiautomatic
30pistol may be submitted for testing pursuant to Sections 31900 to
3132110, inclusive, if it does not have both a chamber load indicator
32and a magazine disconnect mechanism.

33(3) Commencing January 1, 2006, no rimfire semiautomatic
34pistol may be submitted for testing pursuant to Sections 31900 to
3532110, inclusive, if it has a detachable magazine, and does not
36have a magazine disconnect mechanism.

37(4) Commencing 18 months following the release of a report
38by the Attorney General to the Legislature and the Governor
39reporting that owner-authorized handguns are available for retail
40sale, pursuant to Section 32040, no handgun may be submitted for
P7    1testing pursuant to this chapter if it is not an owner-authorized
2handgun as defined in Section 31910.

3

SEC. 3.  

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

4

32040.  

(a) The Attorney General shall, commencing July 1,
52014, and every July 1 thereafter through July 1, 2019, submit a
6written report to the Governor and the Legislature summarizing
7the current availability of owner-authorized handguns, as defined
8in subdivision (d) of Section 31910. The Attorney General shall
9continue to submit reports until he or she has reported that
10owner-authorized handguns are available for retail sale.

11(b) Each report shall state whether owner-authorized handguns
12are available for retail sale, and if not, what progress, if any, has
13been made in the development of that technology since the previous
14report.

15(c) Each report shall state what, if any, pressures exist within
16the firearms industry to deliberately withhold owner-authorized
17handguns from the market.

18(d) The Attorney General shall consult with law enforcement
19agencies, firearms industry representatives, private technology
20providers, the State Department of Public Health, the University
21of California, other higher learning institutions, and other
22appropriate parties in making reports and recommendations
23pursuant to this section.

24(e) Each report shall explicitly state all sources consulted and
25relied upon, including the names and affiliations of those sources,
26and shall be made publicly accessible.

27(f) Once the Attorney General has reported that
28owner-authorized handguns are being produced and offered for
29sale in any state or country, the Attorney General shall contact the
30manufacturer in writing and inform it of the provisions of
31California law relating to owner-authorized handguns. The
32Attorney General shall invite the manufacturer to submit its
33owner-authorized handguns for testing at the manufacturer’s
34expense.

35(g) Owner-authorized handguns shall be deemed available for
36retail sale when at least one domestic or foreign manufacturer has
37submitted its owner-authorized handgun for testing and the
38Attorney General has determined that it meets the performance
39standards set forth in subdivision (c) of Section 31910, provided
40that the Attorney General may not certify that “owner-authorized
P8    1handguns” are available for retail sale, unless the Attorney General
2has determined that the requirements in either paragraph (1) or (2)
3apply:

4(1) The manufacturer has the capacity to meet the reasonably
5expected demand of California residents for the new handguns,
6there is one technology that meets the required standards, and the
7manufacturer has provided written assurances that any applicable
8patents will either not be asserted or will be available for licensing
9on a nonexclusive basis on reasonable and nondiscriminatory
10terms.

11(2) There are at least two technologies that meet the required
12standards.

13(h) (1) The requirement for submitting a report imposed under
14subdivision (a) is inoperative on January 1, 2020, pursuant to
15Section 10231.5 of the Government Code.

16(2) A report to be submitted pursuant to subdivision (a) shall
17be submitted in compliance with Section 9795 of the Government
18Code.

19

SEC. 4.  

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

20

32050.  

Commencing 18 months following the release of a
21report by the Attorney General to the Legislature and the Governor
22reporting that owner-authorized handguns are available for retail
23sale, pursuant to Section 32040, any person who intentionally
24disables or circumvents the technology of an owner-authorized
25handgun, other than a licensed dealer as necessary to program the
26owner-authorized handgun, is guilty of a misdemeanor.

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27

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28begin insertSEC. 2.end insert  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.



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