AB 2165, as introduced, Bonta. Firearms: prohibitions: exemptions.
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 an unsafe handgun. Under existing law, this prohibition does not apply to the sale or purchase of a handgun if the handgun is sold to, or purchased by, a police department, the Department of Corrections and Rehabilitation, or any federal law enforcement agency, among other entities.
This bill would also make the above prohibition inapplicable to the sale of a handgun to, or purchase of one by, other peace officers, as specified.
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) A person in this state who manufactures or causes
2to be manufactured, imports into the state for sale, keeps for sale,
3offers or exposes for sale, gives, or lends an unsafe handgun shall
4be punished by imprisonment in a county jail not exceeding one
5year.
6(b) This section shall not apply to any of the following:
7(1) The manufacture in this state, or importation into this state,
8of a prototype handgun when the manufacture or importation is
9for the sole purpose of allowing an independent laboratory certified
10by the Department of Justice pursuant to Section 32010 to conduct
11an independent test to determine whether that handgun is prohibited
12by Sections 31900 to 32110, inclusive, and, if not, allowing
the
13department to add the firearm to the roster of handguns that may
14be sold in this state pursuant to Section 32015.
15(2) The importation or lending of a handgun by employees or
16authorized agents of entities determining whether the weapon is
17prohibited by this section.
18(3) Firearms listed as curios or relics, as defined in Section
19478.11 of Title 27 of the Code of Federal Regulations.
20(4) The sale or purchase of a handgun, if the handgun is sold
21to, or purchased by, the Department of Justice, a police department,
22a sheriff’s official, a marshal’s office, the Department of
23Corrections and Rehabilitation, the California Highway Patrol,
24any district attorney’s office,begin insert any other peace officer described in
25Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of
26the Penal Code,end insert any federal law enforcement agency, or the
27military or naval forces of this state or of the United States for use
28in the discharge of their official duties. This section does not
29prohibit the sale to, or purchase by, sworn members of these
30agencies of a handgun.
31(5) The sale, purchase, or delivery of a handgun, if the sale,
32purchase, or delivery of the handgun is made pursuant to
33subdivision (d) of Section 10334 of the Public Contract Code.
34(c) Violations of subdivision (a) are cumulative with respect to
35each handgun and shall not be construed as restricting the
36application of any other law. However, an act or omission
37punishable in different ways by this section and other provisions
38of law shall not be punished under more than one provision, but
P3 1the penalty to be imposed shall be determined as set forth
in Section
2654.
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