AB 2165, as amended, 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, asbegin delete specified.end deletebegin insert specified, who have satisfactorily completed the portion of an introductory training course pertaining
to the carrying and use of firearms.end insert
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
4to be manufactured, imports into the state for sale, keeps for sale,
5offers or exposes for sale, gives, or lends an unsafe handgun shall
6be punished by imprisonment in a county jail not exceeding one
7year.
8(b) This section shall not apply to any of the following:
9(1) The manufacture in this state, or importation into this state,
10of a prototype handgun when the manufacture or importation is
11for the sole purpose of allowing an independent laboratory certified
12by the Department of Justice pursuant to Section 32010 to conduct
13an independent test to determine whether that handgun
is prohibited
14by Sections 31900 to 32110, inclusive, and, if not, allowing the
15department to add the firearm to the roster of handguns that may
16be sold in this state pursuant to Section 32015.
17(2) The importation or lending of a handgun by employees or
18authorized agents of entities determining whether the weapon is
19prohibited by this section.
20(3) Firearms listed as curios or relics, as defined in Section
21478.11 of Title 27 of the Code of Federal Regulations.
22(4) The sale or purchase of a handgun, if the handgun is sold
23to, or purchased by, the Department of Justice, a police department,
24a sheriff’s official, a marshal’s office, the Department of
25Corrections and Rehabilitation, thebegin insert
Department of theend insert California
26Highway Patrol, any district attorney’s office, any other peace
27officer described in Chapter 4.5 (commencing with Section 830)
28of Title 3 of Part 2begin delete of the Penal Code,end deletebegin insert who has satisfactorily
29completed the portion of the introductory training course specified
30in Section 832 pertaining to the carrying and use of firearms,end insert any
31federal law enforcement agency, or the military or naval forces of
32this state or of the United States for use in the discharge of their
33official duties. This section does not prohibit the sale to, or
34purchase by, sworn members of these agencies of a handgun.
35(5) The sale, purchase, or delivery of a
handgun, if the sale,
36purchase, or delivery of the handgun is made pursuant to
37subdivision (d) of Section 10334 of the Public Contract Code.
P3 1(c) Violations of subdivision (a) are cumulative with respect to
2each handgun and shall not be construed as restricting the
3application of any other law. However, an act or omission
4punishable in different ways by this section and other provisions
5of law shall not be punished under more than one provision, but
6the penalty to be imposed shall be determined as set forth in Section
7654.
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