BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 2165       Hearing Date:    June 21, 2016    
          
           ----------------------------------------------------------------- 
          |Author:    |Bonta                                                |
          |-----------+-----------------------------------------------------|
          |Version:   |April 7, 2016                                        |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |No               |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|JRD                                                  |
          |           |                                                     |
           ----------------------------------------------------------------- 


                   Subject:  Firearms:  Prohibitions:  Exemptions



          HISTORY

          Source:   California Statewide Law Enforcement Association;  
                    State Coalition of Probation Organizations; Peace  
                    Officers Research Association of California

          Prior Legislation:None known

          Support:  California Department of Insurance (CDI); California  
                    Correctional Supervisors Organization (CCSO);  
                    California Probation, Parole and Correctional  
                    Association; California Police Chiefs Association;  
                    Parole and Correctional Association (CPPCA); Chief  
                    Probation Officers of California (CPOC); Fraternal  
                    Order of Police (FOP), N. California Probation Lodge  
                    19; Kern County Probation Officers Association; Los  
                    Angeles Probation Officers Union, AFSCME Local 685;  
                    Los Angeles Professional Peace Officers Association  
                    (PPOA); Madera Probation Peace Officers Association;   
                    Riverside Sheriffs' Association; Sacramento County  
                    Probation Association (SCPA); Sacramento Police  
                    Officers Association; San Diego County Probation  
                    Officers Association; San Diego Police Officers  
                    Association (SDPOA); San Joaquin County Probation  
                    Officers Association; Santa Clara County Probation  








          AB 2165  (Bonta )                                         PageB  
          of?
          
                    Peace Officers' Union, Local 1587; Stanislaus County  
                    Deputy Probation Officers Association; Ventura County  
                    Professional Peace Officers' Association

          Opposition:California Chapters of the Brady Campaign to Prevent  
                    Gun Violence; Coalition Against Gun Violence, a Santa  
                    Barbara Coalition; Law Center to Prevent Gun Violence;  
                    Oakland/Alameda County Chapter of the Brady Campaign  
                    to Prevent Gun Violence; Orange County Citizens for  
                    the Prevention of Gun Violence; Women Against Gun  
                    Violence

          Assembly Floor Vote:                 73 - 2


          PURPOSE

          The purpose of this bill is to exempt all peace officers who  
          have satisfactorily completed the portion of the introductory  
          training course specified in Section 832 pertaining to the  
          carrying and use of firearms from the prohibition related to the  
          purchase or sale of unsafe handguns, as specified. 
          
          Current law defines an unsafe handgun as any pistol, revolver,  
          or other firearm capable of being concealed upon the person,  
          which lacks various specified safety mechanisms and does not  
          pass specified safety tests.  (Penal Code § 31910.) 

          Existing law provides that commencing January 1, 2001, no  
          "unsafe handgun" may be manufactured or sold in California by a  
          licensed dealer, except as specified, and requires that the  
          Department of Justice (DOJ) prepare and maintain a roster of  
          handguns which are determined not to be unsafe handguns.   
          Private party sales (used or previously owned) and transfers of  
          handguns through a licensed dealer are exempted from those  
          restrictions.  (Penal Code §§ 27545, 32000, et seq., § 32110.)

          Existing law provides that any person in California who  
          manufactures or causes to be manufactured, imports into the  
          state for sale, keeps for sale, offers or exposes for sale,  
          gives, or lends any unsafe handgun shall be punished by  
          imprisonment in a county jail not exceeding one year.  (Penal  
          Code § 32000(a).)  
           









          AB 2165  (Bonta )                                         PageC  
          of?
          
           Existing law does the following:

                 Defines "unsafe handgun" as any pistol, revolver, or  
               other firearm capable of being concealed upon the person,  
               as specified, which lacks various safety mechanisms,  
               including a chamber load indicator and magazine disconnect,  
               and does not pass listed tests, as specified.  (Penal Code  
               § 31910.) 

                 Requires any concealable firearm manufactured in  
               California, or intended to be imported for sale, kept for  
               sale, or offered for sale to be tested within a reasonable  
               period of time by an independent laboratory, certified by  
               the state DOJ to determine whether it meets required safety  
               standards, as specified.  (Penal Code § 32010.)

                 Requires DOJ, on and after January 1, 2001, to compile,  
               publish, and thereafter maintain a roster listing all of  
               the pistols, revolvers, and other firearms capable of being  
               concealed upon the person that have been tested by a  
               certified testing laboratory, have been determined not to  
               be unsafe handguns, and may be sold in this state, as  
               specified.  The roster shall list, for each firearm, the  
               manufacturer, model number, and model name.  (Penal Code §  
               32015.)

                 Provides that DOJ may charge every person in California  
               who is licensed as a manufacturer of firearms, as  
               specified, and any person in California who manufactures or  
               causes to be manufactured, imports into California for  
               sale, keeps for sale, or offers or exposes for sale any  
               pistol, revolver, or other firearm capable of being  
               concealed upon the person in California, an annual fee not  
               exceeding the costs of preparing, publishing, and  
               maintaining the roster of firearms determined not to be  
               unsafe, and the costs of research and development, report  
               analysis, firearms storage, and other program  
               infrastructure costs, as specified.  (Penal Code § 32015.)

          Existing law requires that, commencing January 1, 2010, all  
          semiautomatic pistols that are not already listed on the roster  
          be designed and equipped with a microscopic array of characters  
          that identify the make, model, and serial number of the pistol,  
          etched or otherwise imprinted in two or more places on the  









          AB 2165  (Bonta )                                         PageD  
          of?
          
          interior surface or internal working parts of the pistol, and  
          that are transferred by imprinting on each cartridge case when  
          the firearm is fired, provided that the DOJ certifies that the  
          technology used to create the imprint is available to more than  
          one manufacturer unencumbered by any patent restrictions.  On  
          May 17, 2013, DOJ issued that certification.  (Penal Code §  
          31910(b)(7).)  

          Existing law allows the Attorney General to annually retest up  
          to 5 percent of the handgun models that are listed on the  
          roster.  When retesting the Attorney General is required to: 

                       Obtain from retail or wholesale sources, or both,  
                  three samples of the handgun model to be retested;

                       Select the certified laboratory to be used for the  
                  retesting;

                       Use the type of ammunition recommended by the  
                  manufacturer in the user manual for the handgun, as  
                  specified; and,

                       Conduct the retest in the same manner as the  
                  testing prescribed in Sections 31900 and 31905 (drop  
                  safety and firing requirement for handguns.) 

          If the handgun model fails retesting, the Attorney General is  
          required to remove the handgun model from the roster.  (Penal  
          Code § 32020.)

          Existing law specifies that the following are exempt from roster  
          requirements: 

                 The manufacture in California, or importation into this  
               state, of any prototype pistol, revolver, or other firearm  
               capable of being concealed upon the person when the  
               manufacture or importation is for the sole purpose of  
               allowing an independent laboratory certified by DOJ to  
               conduct an independent test to determine whether that  
               pistol, revolver, or other firearm capable of being  
               concealed upon the person is prohibited, inclusive, and, if  
               not, allowing the department to add the firearm to the  
               roster of pistols, revolvers, and other firearms capable of  
               being concealed upon the person that may be sold in this.









          AB 2165  (Bonta )                                         PageE  
          of?
          

                 The importation or lending of a pistol, revolver, or  
               other firearm capable of being concealed upon the person by  
               employees or authorized agents of entities determining  
               whether the weapon is prohibited by this section.

                 Firearms listed as curios or relics, as defined in  
               federal law.

                 The sale or purchase of any pistol, revolver, or other  
               firearm capable of being concealed upon the person, if the  
               pistol, revolver, or other firearm is sold to, or purchased  
               by, the DOJ, any police department, any sheriff's official,  
               any marshal's office, the Youth and Adult Correctional  
               Agency, the California Highway Patrol, any district  
               attorney's office, or the military or naval forces of this  
               state or of the United States for use in the discharge of  
               their official duties.  Nor shall anything in this section  
               prohibit the sale to, or purchase by, sworn members of  
               these agencies of any pistol, revolver, or other firearm  
               capable of being concealed upon the person.  (Penal Code §  
               32000(b).)

          Existing law contains numerous additional exemptions to the safe  
          handgun requirements, including an exemption for any transfer  
          that is not required to be made through a licensed dealer.  This  
          exemption alone includes within it another approximately 25  
          exemptions.  (Penal Code §§ 32110, 27850, et seq.)

          This bill exempts a number of peace officers, who have completed  
          the firearms portion of the training course prescribed by the  
          Commission on Peace Officer Standards and Training pursuant to  
          Penal Code 832, from the prohibition related to the purchase or  
          sale of unsafe handguns.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  









          AB 2165  (Bonta )                                         PageF  
          of?
          
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  









          AB 2165  (Bonta )                                         PageG  
          of?
          
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.Need for This Legislation

          According to the author:

               Previously, the Department of Justice utilized a broader  
               interpretation of which agencies could purchase off-roster  
               firearms under Section 32000 of the Penal Code. This  
               enabled many probation departments, state agencies such as  
               Alcoholic Beverage Control, and specialized law enforcement  
               agencies such as airport police, and their officers, to  
               purchase non-rostered firearms, many of which are their  
               service weapons today. Late last year, the Department of  
               Justice adopted a more narrow interpretation of the roster,  
               resulting in the need for this legislation.

          2.Safe Handgun Law and the Effect of This Bill  
          
          SB 15 (Polanco), Chapter 248, Statutes of 1999, made it a  
          misdemeanor for any person in California to manufacture, import  
          for sale, offer for sale, give, or lend any unsafe handgun, as  
          defined, with certain specific exceptions.  SB 15 defined an  
          "unsafe handgun" as follows:  (a) does not have a requisite  
          safety device; (b) does not meet specified firing tests; and,  
          (c)            does not meet a specified drop safety test.

          SB 489 (Scott), Chapter 500, Statutes of 2003, added to the  
          unsafe handgun law requirements for semiautomatic pistols that  
          became effective in 2006 and 2007.   The legislation requires  
          that for a new semiautomatic center-fire pistol firearm to be  
          added to the roster it has to be equipped with a chamber load  










          AB 2165  (Bonta )                                         PageH  
          of?
          
          indicator<1> and a magazine disconnect<2> (if it has a  
          detachable magazine).  The legislation also requires that all  
          semiautomatic rimfire pistols, with a detachable magazine, have  
          a magazine disconnect.  All firearms that were on the not unsafe  
          handgun list prior to the effective dates were essentially  
          grandfathered in.  Those who supported SB 489 argued: 

               It is just common sense that handgun should include a  
               chamber load indicator that makes it clear whether the  
               weapon is loaded. Since cheap disposable cameras can  
               clearly count down the number of pictures left, it is  
               inexcusable that handguns do not indicate when a  
               bullet is in the chamber.  Magazine safety disconnects  
               would also greatly reduce the number of unintentional  
               accidental shootings by ensuring that when the  
               magazine is removed the gun will not fire.

               (http://leginfo.ca.gov/pub/03-04/bill/sen/sb_0451-500/sb_489 
               _cfa_20030630_ 103204_asm_comm.html.)

          AB 1471 (Feuer), Chapter 572, Statutes of 2007, added  
          "microstamping" as a requirement for a firearm to be placed on  
          the not unsafe handgun roster beginning January 1, 2010,  
          "provided that the Department of Justice certifies that the  
          technology used to create the imprint is available to  more than  
          one manufacturer unencumbered by any patent restrictions."   As  
          discussed above, the Department of Justice issued the  
          certification on May 17, 2013.  Like the other provisions, the  
          "microstamping" requirement did not apply to firearms already on  
          the roster.  The author of AB 1471 provided the rationale for  
          the additional requirement, 

               AB 1471 will help law enforcement identify and  
               apprehend armed gang members before they inflict more  
               harm on others, including innocent bystanders.  In  
               instances of drive-by shootings, where the only  
               evidence at the crime scene may be a spent cartridge  
               ----------------------
          <1> A chamber load indicator is a device that plainly indicates  
          that a cartridge is in the firing chamber.  (Penal Code §  
          16380.)  
          <2> A magazine disconnect is a mechanism that prevents a  
          semiautomatic pistol from operating when a detachable magazine  
          is not inserted in the semiautomatic pistol. (Penal Code §  
          16900.)








          AB 2165  (Bonta )                                         PageI  
          of?
          
               case, law enforcement could quickly obtain a critical  
               lead.  

               (http://leginfo.ca.gov/pub/07-08/bill/asm/ab_1451-1500/ab_14 
               71_cfa_20070625_ 130933_sen_comm.html.)

          Current law exempts handguns from the safety testing  
          requirements that are sold to, or purchased by, the Department  
          of Justice, any police department, any sheriff's official, any  
          marshal's office, the Youth and Adult Correctional Agency, the  
          California Highway Patrol, any district attorney's office, or  
          the military.  Sworn members of those agencies are also exempted  
          from the ban on buying or selling handguns that are not on DOJ's  
          "not unsafe" handgun roster.   The law, additionally, allows  
          sworn members of these agencies to sell an off-roster handgun to  
          someone who is not exempt.  

          Until recently, a number of law enforcement agencies, and  
          officers, have been able to purchase off-roster firearms.    
          There was, evidently, some confusion among dealers as to who  
          qualifies for the roster exemptions.  When this was discovered  
          by DOJ, the dealers were issued cited and DOJ reminded the  
          dealers that only listed law enforcement agencies are allowed to  
          purchase off-roster firearms.  DOJ, additionally, added the  
          following to their website: 

               Non-Roster Handguns (Unsafe Handguns)

               The following agencies may purchase non-roster firearms for  
               use in the discharge of their official duties:

               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









          AB 2165  (Bonta )                                         PageJ  
          of?
          

               Any federal law enforcement agency

               The military or naval forces of this state or of the United  
               States (Pen. Code, § 32000, subd. (b)(4).)

               Penal Code section 32000 does not prohibit the sale to, or  
               purchase by, sworn members of the above agencies of a  
               handgun.

               (http://oag.ca.gov/firearms/exemptpo.) 

          This legislation would allow all law enforcement officers listed  
          in "Chapter 4.5 of Title 3 of Part 2 of the Penal Code," who  
          have completed firearms training, to purchase off-roster  
          handguns. These categories of officers include those employed  
          by: 

                 Department of Fish and Game (Penal Code § 830.2)

                 Department of Parks and Recreation (Penal Code § 830.2)

                 Department of Forestry and Fire Protection (Penal Code §  
               830.2)

                 Department of Alcoholic Beverage Control (Penal Code §  
               830.2)

                 Division of Investigation of the Department of Consumer  
               Affairs (Penal Code § 830.3)

                 Department of Motor Vehicles  (Penal Code § 830.3)

                 California Horse Racing Board  (Penal Code § 830.3)

                 The State Fire Marshall  (Penal Code § 830.3)

                 Food and Drug section of the Department of Public Health  
                (Penal Code § 830.3)

                 Division of Labor Standards Enforcement  (Penal Code §  
               830.3)

                 State Department of Health Care Services  (Penal Code §  









          AB 2165  (Bonta )                                         PageK  
          of?
          
               830.3)

                 Bureau of Fraudulent Claims of the Department of  
               Insurance  (Penal Code § 830.3)

                 Department of Housing and Community Development  (Penal  
               Code § 830.3)

                 Office of the Controller  (Penal Code § 830.3)

                 Department of Business Oversight  (Penal Code § 830.3)

                 Contractors' State Licensing Board  (Penal Code § 830.3)

                 Law enforcement branch of the Office of Emergency  
               Services  (Penal Code § 830.3)

                 Secretary of State  (Penal Code § 830.3)

                 California State Lottery  (Penal Code § 830.3)

                 Investigation Division of the Employment Development  
               Department  (Penal Code § 830.3)

                 California Science Center  (Penal Code § 830.3)
                 Franchise Tax Board  (Penal Code § 830.3)
                 Department of Managed Health Care  (Penal Code § 830.3)
                 Office of Protective Services, State Department of  
               Developmental Services (Penal Code § 830.3)
                 Department of State Hospitals and State Department of  
               Developmental Services. (Penal Code § 830.37.)  
                                                                                         Hastings College of the Law (Penal Code § 830.4)
                 Los Angeles World Airport (Penal Code § 830.15)

          Broader categories of peace officers that this legislation would  
          exempt include: 

                 A housing authority patrol officer employed by the  
               housing authority of a city, district, county, or city and  
               county, as specified.  (Penal Code § 830.31)


                 Persons designated as a security officer by a county  
               water district, as specified. (Penal Code § 830.34)









          AB 2165  (Bonta )                                         PageL  
          of?
          


                 The security director of the public utilities commission  
               of a city and county, as specified. (Penal Code § 830.34)


                 Persons employed as a park ranger by a municipal water  
               district, as specified. (Penal Code § 830.34)


                 Welfare fraud investigator or inspector, regularly  
               employed and paid in that capacity by a county, as  
               specified. (Penal Code § 830.35)


                 The coroner and deputy coroners, regularly employed and  
               paid in that capacity, of a county, as specified.  (Penal  
               Code § 830.35)


                 The Sergeant-at-Arms of each house of the Legislature,  
               as specified.  (Penal Code § 830.36.) 


                 Marshals of the Supreme Court and bailiffs of the courts  
               of appeal, and coordinators of security for the judicial  
               branch, as specified.  (Penal Code § 830.36.)  


                 Court service officer in a county of the second class  
               and third class, as specified.  (Penal Code § 830.36.)


                 Members of an arson-investigating unit, regularly paid  
               and employed in that capacity, of a fire department or fire  
               protection agency of a county, city, city and county,  
               district, or the state, as specified. (Penal Code §  
               830.37.)  


                 Members other than members of an arson-investigating  
               unit, regularly paid and employed in that capacity, of a  
               fire department or fire protection agency of a county,  
               city, city and county, district, or the state, as  









          AB 2165  (Bonta )                                         PageM  
          of?
          
               specified.  (Penal Code § 830.37.)  


                 Voluntary fire wardens as are designated by the Director  
               of Forestry and Fire Protection, as specified. (Penal Code  
               § 830.37.)  


                 A probation officer or deputy probation officer. (Penal  
               Code § 830.5)


                 Any airport security officer, airport policeman, or  
               airport special officer, regularly employed and paid by a  
               city, county, city and county, or district.  (Penal Code §  
               832.1)


          Based on information provided by Peace Officer Standards and  
          Training (POST), thousands of officers fall into the categories  
          listed above.  These officers would not only be able to  
          purchase, but would be able to transfer these handguns to  
          someone who is not exempt.   Additionally, the language, as  
          drafted, seemingly allows the individual officers to purchase  
          firearms, but not their agencies.  


          Members may wish to recommend amendments that would: (1) delete  
          the blanket peace officer exemption; (2) add a limited number of  
          the departments and entities to the list of agencies that can  
          purchase off-roster handguns; (3) specify that the peace officer  
          employees of the newly listed agencies, who have had firearms  
          training, are able to purchase off-roster firearms; and (4)  
          prohibit the transfer of off-roster handguns for the newly  
          listed agencies, and their peace officer employees, to  
          non-exempt parties. 


          3.  Argument in Support


          According to the California Statewide Law Enforcement  
          Association:  










          AB 2165  (Bonta )                                         PageN  
          of?
          

               In 2001, Penal Code §32000 created a list of  
               non-exempt agencies who may purchase non-roster  
               firearms for use in the discharge of their official  
               duties. Certain trained peace officers and law  
               enforcement personnel were left off of the list. These  
               peace officers are often required to participate in  
               mutual aid situations, task forces, sting operations  
               and arrests. These high-risk situations require that  
               these officers be properly warned. 

               Recent enforcement of the gun roster by the Department  
               of Justice would require thousands of law enforcement  
               to forfeit their guns. This legislation is necessary  
               because it will allow officers, who have gone through  
               the appropriate training to carry and keep their  
               "non-roster" handguns, while on active duty. Not  
               fixing this issue will create a serious risk of  
               liability that is easily avoidable with the amendment  
               to Penal Code §830.3. There is also a cost savings to  
               the State of California because new handguns will not  
               have to be purchased for many of these personnel.  
               Lastly, this bill simply seeks parity with other peace  
               officers and various law enforcement agencies. 



          4.  Argument in Opposition 



          According to the California Chapters of the Brady Campaign to  
          Prevent Gun Violence:


               California Brady Chapter members worked hard for many  
               years to get the original Unsafe Handgun Act (SB 15)  
               signed into law in 1999.  Chapter members were  
               instrumental in the enactment of additions to the Act  
               in 2003 and 2007.   This law is very personal to Brady  
               members - chapter leaders have lost children whose  
               lives might have been saved were the Act in effect.  

               Under SB 15, no handgun may be manufactured, imported  









          AB 2165  (Bonta )                                         PageO  
          of?
          
               or transferred unless that handgun model has passed  
               firing, safety, and drop tests and is certified for  
               sale in California by the Department of Justice.   
               Requirements for a chamber load indicator and magazine  
               disconnect, which will prevent accidental shootings,  
               and a micro-stamping feature, which will allow law  
               enforcement to positively link used cartridge casings  
               recovered at crime scenes to the crime gun, were later  
               added to the Act.   

               Certain categories of law enforcement are exempt from  
               the Unsafe Handgun Act and AB 2165 would additionally  
               exempt "any other peace officer described in Chapter  
               4.5 (commencing with Section 830) of Title 3 of Part 2  
               of the Penal Code."  Thus any person who is considered  
               a sworn "peace officer" under California law,  
               including certain employees of the State Departments  
               of Fish and Game, Parks and Recreation, Forestry and  
               Fire Protection, and Alcoholic Beverage Control, if  
               they are tasked with law enforcement roles, as well as  
               welfare fraud and child support investigators, certain  
               coroners, certain park rangers, and certain housing  
               authority patrol officers, would be exempt.  This  
               results in an inappropriate and unacceptable  
               broadening of exemptions that impedes realizing the  
               safety benefits of the newer requirements.    

               Officers frequently take their service weapons home  
               and, in some cases, fail to lock them securely.  
               Firearms with prominent loaded chamber indicators and  
               magazine disconnect safety devices, as required for  
               new models under the Act, are safer than those without  
               these safety features.  There are many instances of  
               even highly trained law enforcement officers being  
               unaware that a round remains in the chamber of a  
               pistol that lacks a loaded chamber indicator and  
               unintentionally shooting someone. Unsafe gun designs  
               help cause many unintentional firearm injuries and  
               deaths.

               A very troubling consequence of AB 2165 arises from  
               the fact that under California law, exempt persons are  
               allowed to purchase and later sell off-roster handguns  
               to nonexempt persons via a private party transfer.   









          AB 2165  (Bonta )                                         PageP  
          of?
          
               The bill would thereby place more off-roster handguns  
               into the civilian market and undermine the purpose of  
               the Act.  

               An intent of existing law is to use new technologies  
               to prevent accidental shootings and to solve gun  
               crime.  The legislature and two governors agreed with  
               these goals and enacted the chamber load indicator,  
               magazine disconnect and microstamping feature  
               requirements.  The gun industry has had a long  
               standing boycott against these requirements and, in  
               protest, has been refusing to submit new models for  
               testing and sale in California.   By significantly  
               expanding the number of exempt persons who can buy and  
               sell off-roster guns, AB 2165 would buoy the effort to  
               keep new and safer models off the California market.   
               This is a detriment to public safety.  

               It is hard to understand why these new categories of  
               peace officers would not want a handgun with features  
               to prevent accidental shootings.  If an officer brings  
               his or her gun home, the family would be safer with a  
               gun that had a chamber load indicator and magazine  
               disconnect.  The microstamping requirement was  
               supported by sixty-five police chiefs and sheriffs  
               throughout the state who recognized that intentionally  
               marked shell casings would help solve gun crime and  
               apprehend armed criminals before they do more harm.   
               If the desire is for parity across all categories of  
               peace officers, then the best solution would be to  
               eliminate all of the exemptions.   

               It is clear that AB 2165 will undermine the  
               implementation of the new requirements of the Unsafe  
               Handgun Act.  The California Brady Chapters strongly  
               support the new safety and microstamping requirements  
               and stand in opposition to your bill.   
















          AB 2165  (Bonta )                                         PageQ  
          of?