BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 293|
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THIRD READING
Bill No: SB 293
Author: DeSaulnier (D), et al.
Amended: 5/24/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/16/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Firearms: owner-authorized handguns
SOURCE : Author
DIGEST : This bill defines "owner-authorized handgun" and
provides that owner-authorized handguns will comply with
specified performance standards; and states that if two
owner-authorized handguns have been placed on the "Roster of
Handguns Certified for Sale (roster)", then commencing two years
from the date that the second handgun was placed on the roster,
no handgun may be placed on the roster by the Department of
Justice (DOJ) that is not an owner-authorized handgun.
ANALYSIS :
Existing law:
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1.Provides that beginning January 1, 2001, except as specified,
any person in this state 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.
2.Defines an unsafe handgun as any pistol, revolver, or other
firearm capable of being concealed upon the person, which
lacks various specified safety mechanisms and does not pass
specified safety tests.
3.Provides that, beginning January 1, 2010, all semiautomatic
pistols that are not already listed on the "not unsafe
handgun" roster, must be designed and equipped with a
microscopic array of characters that identify the make, model,
and serial number of the pistol, etched or otherwise
imprinted, as specified.
4.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.
5.Requires the DOJ to compile a roster listing all of the
handguns that have been tested and determined not to be
unsafe.
This bill:
1.Defines "owner-authorized handgun" to mean a handgun that has
a permanent programmable biometric or other permanent
programmable feature as part of its original manufacture that
renders the handgun incapable of being fired except when
activated by the lawful owner, or other users authorized by
the lawful owner, and that cannot be readily deactivated.
2.Provides that a manufacturer that has developed an
owner-authorized handgun meeting the minimum standards as
specified, will submit the handgun for testing at the
manufacturer's expense, before the handgun may be placed on
the roster.
3.Provides that if two owner-authorized handguns have been
placed on the roster, then commencing two years from the date
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that the second handgun was placed on the roster, no handgun
may be placed on the roster by the DOJ that is not an
owner-authorized handgun.
4.Provides that owner-authorized handguns shall comply with the
following minimum performance standards:
A. The firearm shall not fail to recognize the authorized
user, and shall not falsely recognize an unauthorized user,
more than one time per thousand recognition attempts.
B. The time from first contact to use recognition and
firearm enablement shall be no more than 0.3 seconds.
C. The time from loss of contact with the authorized user
to firearm disablement shall be no more than 0.3 seconds.
D. When the firearm is enabled, the "ready" condition shall
be indicated by a visible indicator.
E. If the recognition technology on the firearm is battery
operated, the firearm shall be equipped with a low power
indicator that emits an audible signal.
F. If the user is not recognized, or if the power supply
fails, the firearm shall be inoperable.
G. Enabling authorized user information shall be stored in
the firearm as permanent memory that is restored when power
is restored.
H. The firearm shall be capable of use by more than one
authorized user and, if the firearm uses hand recognition
technology, it shall recognize either of the authorized
user's hands.
5.Provides that an owner-authorized handgun shall only be
programmed by a licensed firearms dealer and that biometric
data collected for purposes of programming the
owner-authorized handgun shall not be used for any purpose
other than programming the owner-authorized handgun.
6.Provides that DOJ shall not retain any biometric data that may
be stored in an owner-authorized handgun.
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Background
Biometric (fingerprint or grip recognition) technology ensures
that a handgun is only fired by the owner or an authorized user.
Applying personalization technology to handguns renders them
inoperable by unauthorized persons - including children and
thieves - thereby helping to prevent both unintentional and
intentional gun violence. Injuries, homicides, suicides, and
accidental shootings could all be significantly reduced in
California, along with the illegal transfer of firearms.
Biometric technologies, such as fingerprint or grip recognition,
are already widely used in other applications and consumer
products, including computers, cell phones, credit cards and
door locks.
In December of 2002, New Jersey passed a related handgun
personalization law that requires all new handguns sold in the
state be equipped with biometric sensors beginning three years
after personalized handguns become commercially available.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, minor ongoing
costs (Firearm Safety and Enforcement Special Fund) to the DOJ
to submit owner-authorized handguns meeting minimum standards,
as specified, for testing at the manufacturer's expense.
SUPPORT : (Verified 5/24/13)
AFSCME, AFL-CIO
California Chapter of the American College of Emergency
Physicians
California Chapters of the Brady Campaign to Prevent Gun
Violence
City of Los Angeles
Law Center to Prevent Gun Violence
OPPOSITION : (Verified 5/24/13)
California Association of Firearms Retailers
California Sportsman's Lobby
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County of Riverside, Sheriff Stan Sniff
County of Shasta, Sheriff Tom Bosenko
Crossroads of the West Gun Shows
National Rifle Association
National Shooting Sports Foundation
Outdoor Sportsman's Coalition of California
Safari Club International
ARGUMENTS IN SUPPORT : According to the author's office:
This bill is about saving lives. The three E's of injury
prevention are education, enforcement, and engineering. SB
293 represents the "engineering" piece of prevention.
This is a technology waiting bill. It does not force gun
manufacturers to develop the technology. This bill simply
states that if and when the technology is available it must
be incorporated in all handguns sold in California.
ARGUMENTS IN OPPOSITION : The Outdoor Sportsmen's Coalition of
California writes:
Sportsmen desire to buy quality firearms, including
handguns for hunting. SB 293, by mandating "user
authorized" handgun technology, would make it impossible
for them to purchase the handgun of their choice as the
firearm would have to be equipped with cumbersome user
authorizing technology at the expense of other features
that are desirable. This technology, in many cases, would
also make a handgun overly bulky. This is not an attitude
that is wanted by sportsmen in the field.
SB 293 fails to provide standards or procedures for
manufacturers and the Attorney general to follow in
determining whether a given design is in compliance.
Through what process will the Attorney General know when a
handgun actually meets the SB 293 mandate?
JG:ej 5/25/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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