BILL NUMBER: AB 892 CHAPTERED BILL TEXT CHAPTER 203 FILED WITH SECRETARY OF STATE AUGUST 13, 2015 APPROVED BY GOVERNOR AUGUST 13, 2015 PASSED THE SENATE JULY 6, 2015 PASSED THE ASSEMBLY APRIL 16, 2015 INTRODUCED BY Assembly Member Achadjian FEBRUARY 26, 2015 An act to amend Section 32000 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 892, 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 32000 of the Penal Code is amended to read: 32000. (a) A 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 an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year. (b) This section shall not apply to any of the following: (1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015. (2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section. (3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff's official, a marshal's office, the Department of Corrections and Rehabilitation, the California Highway Patrol, any district attorney's office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun. (5) The sale, purchase, or delivery of a handgun, if the sale, purchase, or delivery of the handgun is made pursuant to subdivision (d) of Section 10334 of the Public Contract Code. (c) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.