BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 293| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: CONTINUED SB 293 Page 2 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 CONTINUED SB 293 Page 3 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. CONTINUED SB 293 Page 4 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 CONTINUED SB 293 Page 5 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 CONTINUED SB 293 Page 6 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED