Amended in Senate June 28, 2016

Amended in Assembly April 7, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2165


Introduced by Assembly Member Bonta

(Coauthors: Assembly Members Gonzalez, Roger Hernández, Lackey, and Wilk)

(Coauthor: Senator Roth)

February 17, 2016


An act to amend Section 32000 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 2165, as amended, Bonta. Firearms: prohibitions: exemptions.

Existing law makes it a crime for any person in this state to manufacture, import into thebegin delete state,end deletebegin insert state for sale,end insert 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 salebegin delete of a handgun to, or purchase of one by, other peace officers, as specified, who have satisfactorily completed the portion of an introductory training course pertaining to the carrying and use of firearms.end deletebegin insert or purchase of a handgun if the handgun is sold to, or purchased by, specified entities or sworn members of those entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training. The bill would prohibit a person who obtains an unsafe handgun pursuant to this exemption from selling the handgun or otherwise transferring ownership of the handgun to a person who is not exempt from the above prohibition.end insert

begin insert

This bill would require a person, with exceptions, who obtains an unsafe handgun pursuant to this exemption to, when leaving the handgun in an unattended vehicle, as defined, lock the handgun in the vehicle’s trunk or lock the handgun in a locked container, as defined, and place the container out of plain view. The bill would make a violation of this provision an infraction punishable by a fine not exceeding $1,000. By creating a new crime, this bill would impose a state-mandated local program.

end insert
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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
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This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 32000 of the Penal Code is amended to
2read:

3

32000.  

(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.

P3    1(2) The importation or lending of a handgun by employees or
2authorized agents of entities determining whether the weapon is
3prohibited by this section.

4(3) Firearms listed as curios or relics, as defined in Section
5478.11 of Title 27 of the Code of Federal Regulations.

6(4) The sale or purchase of a handgun, if the handgun is sold
7to, or purchased by, the Department of Justice, a police department,
8a sheriff’s official, a marshal’s office, the Department of
9Corrections and Rehabilitation, the Department of the California
10Highway Patrol, any district attorney’s office,begin delete any other peace
11officer described in Chapter 4.5 (commencing with Section 830)
12of Title 3 of Part 2 who has satisfactorily completed the portion
13of the introductory training course specified in Section 832
14pertaining to the carrying and use of firearms,end delete
any federal law
15enforcement agency, or the military or naval forces of this state
16or of the United States for use in the discharge of their official
17duties. This section does not prohibit the sale to, or purchase by,
18sworn members of these agencies of a handgun.

19(5) The sale, purchase, or delivery of a handgun, if the sale,
20purchase, or delivery of the handgun is made pursuant to
21subdivision (d) of Section 10334 of the Public Contract Code.

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22
(6) Subject to the limitations set forth in subdivision (c), the sale
23or purchase of a handgun, if the handgun is sold to, or purchased
24by, any of the following entities or sworn members of these entities
25who have satisfactorily completed the firearms portion of a training
26course prescribed by the Commission on Peace Officer Standards
27and Training pursuant to Section 832:

end insert
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28
(A) The Department of Parks and Recreation.

end insert
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29
(B) The Department of Alcoholic Beverage Control.

end insert
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30
(C) The Division of Investigation of the Department of Consumer
31Affairs.

end insert
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32
(D) The Department of Motor Vehicles.

end insert
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33
(E) The Fraud Division of the Department of Insurance.

end insert
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34
(F) The State Department of State Hospitals.

end insert
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35
(G) The State Department of Developmental Services.

end insert
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36
(H) The State Fire Marshal.

end insert
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37
(I) A county probation department.

end insert
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38
(J) The Los Angeles World Airports, as defined in Section
39830.15.

end insert
begin insert

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(K) A K-12 public school district for use by a school police
2officer, as described in Section 830.32.

end insert
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3
(L) A municipal water district for use by a park ranger, as
4described in Section 830.34.

end insert
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5
(M) A county for use by a welfare fraud investigator or
6inspector, as described in Section 830.35.

end insert
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7
(N) A county for use by the coroner or the deputy coroner, as
8described in Section 830.35.

end insert
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9
(O) The Supreme Court and the courts of appeal for use by
10marshals of the Supreme Court and bailiffs of the courts of appeal,
11and coordinators of security for the judicial branch, as described
12in Section 830.36.

end insert
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13
(P) A fire department or fire protection agency of a county, city,
14city and county, district, or the state for use by either of the
15following:

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16
(i) A member of an arson-investigating unit, regularly paid and
17employed in that capacity pursuant to Section 830.37.

end insert
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18
(ii) A member other than a member of an arson-investigating
19unit, regularly paid and employed in that capacity pursuant to
20Section 830.37.

end insert
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21
(c) (1) A person who obtains an unsafe handgun pursuant to
22paragraph (6) of subdivision (b) shall not sell the handgun or
23otherwise transfer ownership of the handgun to a person who is
24not exempt from this section pursuant to subdivision (b).

end insert
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25
(2) (A) A person who obtains an unsafe handgun pursuant to
26paragraph (6) of subdivision (b) shall, when leaving the handgun
27in an unattended vehicle, lock the handgun in the vehicle’s trunk
28or lock the handgun in a locked container and place the container
29out of plain view.

end insert
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30
(B) A violation of subparagraph (A) is an infraction punishable
31 by a fine not exceeding one thousand dollars ($1,000).

end insert
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32
(C) For purposes of this paragraph, the following definitions
33shall apply:

end insert
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34
(i) “Vehicle” has the same meaning as defined in Section 670
35of the Vehicle Code.

end insert
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36
(ii) A vehicle is “unattended” when a person who is lawfully
37carrying or transporting a handgun in the vehicle is not within
38close proximity to the vehicle to reasonably prevent unauthorized
39access to the vehicle or its contents.

end insert
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(iii) “Locked container” has the same meaning as defined in
2Section 16850.

end insert
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3
(D) Subparagraph (A) does not apply to a peace officer during
4circumstances requiring immediate aid or action that are within
5the course of his or her official duties.

end insert
begin delete

6(c)

end delete

7begin insert(d)end insert Violations of subdivision (a) are cumulative with respect to
8each handgun and shall not be construed as restricting the
9application of any other law. However, an act or omission
10punishable in different ways by this section and other provisions
11of law shall not be punished under more than one provision, but
12the penalty to be imposed shall be determined as set forth in Section
13654.

14begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.

end insert


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