BILL NUMBER: AB 2165	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2016
	AMENDED IN SENATE  JUNE 28, 2016
	AMENDED IN ASSEMBLY  APRIL 7, 2016

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 the state for sale, 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 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.  licensed
firearms dealer from processing the sale or transfer of an unsafe
handgun between a person who has obtained an unsafe handgun pursuant
to this exemption and a person who is not exempt. 
   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.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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 Department of 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.
   (6) Subject to the limitations set forth in subdivision (c), the
sale or purchase of a handgun, if the handgun is sold to, or
purchased by, any of the following entities or sworn members of these
entities who have satisfactorily completed the firearms portion of a
training course prescribed by the Commission on Peace Officer
Standards and Training pursuant to Section 832:
   (A) The Department of Parks and Recreation.
   (B) The Department of Alcoholic Beverage Control.
   (C) The Division of Investigation of the Department of Consumer
Affairs.
   (D) The Department of Motor Vehicles.
   (E) The Fraud Division of the Department of Insurance.
   (F) The State Department of State Hospitals. 
   (G) The Department of Fish and Wildlife.  
   (G) 
    (H)  The State Department of Developmental Services.

   (H) The State Fire Marshal.  
   (I) The Department of Forestry and Fire Protection.  

   (I) 
    (J)  A county probation department. 
   (J) 
    (K)  The Los Angeles World Airports, as defined in
Section 830.15. 
   (K) 
    (L)  A K-12 public school district for use by a school
police officer, as described in Section 830.32. 
   (L) 
    (M)  A municipal water district for use by a park
ranger, as described in Section 830.34. 
   (M) 
    (N)  A county for use by a welfare fraud investigator or
inspector, as described in Section 830.35. 
   (N) 
    (O)  A county for use by the coroner or the deputy
coroner, as described in Section 830.35. 
   (O) 
    (P)  The Supreme Court and the courts of appeal for use
by marshals of the Supreme Court and bailiffs of the courts of
appeal, and coordinators of security for the judicial branch, as
described in Section 830.36. 
   (P) 
    (Q)  A fire department or fire protection agency of a
county, city, city and county, district, or the state for use by
either of the following:
   (i) A member of an arson-investigating unit, regularly paid and
employed in that capacity pursuant to Section 830.37.
   (ii) A member other than a member of an arson-investigating unit,
regularly paid and employed in that capacity pursuant to Section
830.37. 
   (c) (1) A person who obtains an unsafe handgun pursuant to
paragraph (6) of subdivision (b) shall not sell the handgun or
otherwise transfer ownership of the handgun to a person who is not
exempt from this section pursuant to subdivision (b).  
   (R) The University of California Police Department, or the
California State University Police Departments, as described in
Section 830.2.  
   (S) A California Community College police department, as described
in Section 830.32.  
   (c) (1) Notwithstanding Section 26825, a person licensed pursuant
to Sections 26700 to 26915, inclusive, shall not process the sale or
transfer of an unsafe handgun between a person who has obtained an
unsafe handgun pursuant to an exemption specified in paragraph (6) of
subdivision (b) and a person who is not exempt from the requirements
of this section. 
   (2) (A) A person who obtains an unsafe handgun pursuant to
paragraph (6) of subdivision (b) shall, when leaving the handgun in
an unattended vehicle, lock the handgun in the vehicle's 
trunk or   trunk,  lock the handgun in a locked
container and place the container out of plain  view.
  view, or lock the handgun in a locked container that
is permanently affixed to the vehicle's interior and not in plain
view. 
   (B) A violation of subparagraph (A) is an infraction punishable by
a fine not exceeding one thousand dollars ($1,000).
   (C) For purposes of this paragraph, the following definitions
shall apply:
   (i) "Vehicle" has the same meaning as defined in Section 670 of
the Vehicle Code.
   (ii) A vehicle is "unattended" when a person who is lawfully
carrying or transporting a handgun in the vehicle is not within close
proximity to the vehicle to reasonably prevent unauthorized access
to the vehicle or its contents.
   (iii) "Locked container" has the same meaning as defined in
Section 16850.
   (D) Subparagraph (A) does not apply to a peace officer during
circumstances requiring immediate aid or action that are within the
course of his or her official duties. 
   (E) This paragraph does not supersede any local ordinance that
regulates the storage of handguns in unattended vehicles if the
ordinance was in effect before the date of the enactment of the act
that added this subparagraph. 
   (d) 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.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.