AB 892, as introduced, Achadjian. Unsafe handguns: peace officer’s state-issued handguns: transfer to spouse.
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. Existing law allows the spouse or domestic partner of a peace officer who died in the line of duty to buy his or her state-issued handgun.
This bill would exempt from that prohibition the purchase of a state-issued handgun by the spouse or domestic partner of a peace officer who died in the line of duty.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 32000 of the Penal Code is amended to
2read:
(a) begin deleteCommencing January 1, 2001, any end deletebegin insertA end insertperson in this
4state who manufactures or causes to be manufactured, imports into
5the state for sale, keeps for sale, offers or exposes for sale, gives,
P2 1or lendsbegin delete anyend deletebegin insert anend insert unsafe handgun shall be punished by imprisonment
2in a county jail not exceeding one year.
3(b) This section shall not apply to any of the following:
4(1) The manufacture in this state, or importation into this state,
5of a prototype handgun when the manufacture or importation is
6for the sole purpose of allowing an independent laboratory certified
7by the Department of Justice pursuant to Section 32010 to conduct
8an independent test to determine whether that handgun is prohibited
9by Sections 31900 to 32110, inclusive, and, if not, allowing the
10department to add the firearm to the roster of handguns that may
11be sold in this state pursuant to Section 32015.
12(2) The importation or lending of a handgun by employees or
13authorized agents of entities determining whether the weapon is
14prohibited by this section.
15(3) Firearms listed as curios or relics, as defined in Section
16478.11 of Title 27 of the Code of Federal Regulations.
17(4) The sale or purchase of a handgun, if the handgun is sold
18to, or purchased by, the Department of Justice, a police department,
19a sheriff’s official, a marshal’s office, the Department of
20Corrections and Rehabilitation, the California Highway Patrol,
21any district attorney’s office, any federal law enforcement agency,
22or the military or naval forces of this state or of the United States
23for use in the discharge of their official duties. This section does
24not prohibit the sale to, or purchase by, sworn members of these
25agencies of a handgun.
26(5) The sale, purchase, or delivery of a handgun, if the sale,
27purchase, or delivery of the handgun is made pursuant to
28subdivision (d) of Section 10334 of the Public Contract Code.
29(c) Violations of subdivision (a) are cumulative with respect to
30each handgun and shall not be construed as restricting the
31application of any other law. However, an act or omission
32punishable in different ways by this section and other provisions
33of law shall not be punished under more than one provision, but
34the penalty to be imposed shall be determined as set forth in Section
35654.
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