BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                   THIRD READING 


          Bill No:  AB 2165
          Author:   Bonta (D), et al.
          Amended:  8/19/16 in Senate
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/21/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS:  Senate Rule 28.8

           ASSEMBLY FLOOR:  73-2, 4/25/16 - See last page for vote

           SUBJECT:   Firearms: prohibitions: exemptions


          SOURCE:   California Statewide Law Enforcement Association
                    State Coalition of Probation Organizations
                    Peace Officers Research Association of California
          _________________________________________________________________ 
          _

          DIGEST:  This bill exempts a number of agencies and their peace  
          officers from the prohibition related to the purchase or sale of  
          unsafe handguns, as specified.

          Senate Floor Amendments of 8/19/16 add the following departments  
          to the exemption from the handgun roster: (1) The State  
          Department of Fish and Wildlife; (2) Department of Forestry and  
          Fire Protection; (3) a California Community College police  
          department; (4) a University of California Police Department;  
          and (5) a California State University Police Department.  These  
          amendments, additionally, specify that a firearms dealer cannot  
          process the sale or transfer of an unsafe handgun between a  
          person who obtains an unsafe handgun pursuant to this bill and a  
          person who is not exempt from roster requirements.  These  








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          amendments also clarify that this bills storage provisions do  
          not supersede any local ordinance that regulates the storage of  
          handguns in unattended vehicles if the ordinance was in effect  
          before the date of enactment of the act that added this section.



          ANALYSIS:  


          Existing law: 

          1)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.) 

          2)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.)

          3)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).)   


          4)Does the following:

             a)   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.) 
             b)   Requires any concealable firearm manufactured in  








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               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.)
             c)   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.)
             d)   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.)

          5)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  
            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).) 
                 
          6)Specifies, in Penal Code section 32000(b) that the following  
            are exempt from roster requirements:








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             a)   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.
             b)   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.
             c)   Firearms listed as curios or relics, as defined in  
               federal law.
             d)   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.  

          7)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: 

          1)Exempts the following agencies and their peace officers, who  
            have satisfactorily completed the firearms portion of a  
            training course prescribed by the Commission on Peace Officer  








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            Standards and Training pursuant to Section 832, from roster  
            requirements:

             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 State Department of Developmental Services.
             h)   A county probation department.
             i)   The Los Angeles World Airports, as defined in Section  
               830.15.
             j)   A K-12 public school district for use by a school police  
               officer, as described in Section 830.32.
             aa)  A municipal water district for use by a park ranger, as  
               described in Section 830.34.
             bb)  A county for use by a welfare fraud investigator or  
               inspector, as described in Section 830.35.
             cc)  A county for use by the coroner or the deputy coroner,  
               as described in Section 830.35.
             dd)  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.
             ee)  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.
             ff)  The State Department of Fish and Wildlife.
             gg)  Department of Forestry and Fire Protection.
             hh)  A California Community College Police Department
             ii)  A University of California Police Department
             jj)  A California State University Police Department.  

          2)Specifies that a firearms dealer cannot process the sale or  








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            transfer of an unsafe handgun between a person who obtains an  
            unsafe handgun pursuant to this legislation and a person who  
            is not exempt from roster requirements.

          3)Provides that an exempt party, that obtains a handgun pursuant  
            to this bill, shall, when leaving the handgun in an unattended  
            vehicle, lock the handgun in the vehicle's trunk or lock the  
            handgun in a locked container and place the container out of  
            plain view.  A violation of this provision an infraction  
            punishable by a fine not exceeding one thousand dollars  
            ($1,000). This provision 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.  Provides  
            that these provisions do not supersede any local ordinance  
            that regulates the storage of handguns in unattended vehicles  
            if the ordinance was in effect before the date of enactment of  
            the act that added this section.

          4)States that the following definitions apply:

             a)   "Vehicle" has the same meaning as defined in Section 670  
               of the Vehicle Code.
             b)   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.
             c)   "Locked container" has the same meaning as defined in  
               Section 16850.


          Comments
          
          Current law exempts handguns from the safety 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.  








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          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.  This bill, additionally, exempts  
          to the above list of agencies, and their officers, from roster  
          requirements. 



          FISCAL EFFECT: Appropriation:      No          Fiscal  
          Com.:YesLocal:   Yes

          SUPPORT:   (Verified8/19/16)
                                                    
          California Statewide Law Enforcement Association (co-source)
          Peace Officers Research Association of California (co-source)
          State Coalition of Probation Organizations (co-source)
          California Department of Insurance
          California Correctional Supervisors Organization
          California Probation, Parole and Correctional Association
          California Police Chiefs Association
          California Parole and Correctional Association
          Chief Probation Officers of California 
          Fraternal Order of Police, N. California Probation Lodge 19
          Kern County Probation Officers Association
          Los Angeles Probation Officers Union, AFSCME Local 685
          Los Angeles Professional Peace Officers Association
          Madera Probation Peace Officers Association
          Riverside Sheriffs' Association
          Sacramento County Probation Association
          Sacramento Police Officers Association
          San Diego County Probation Officers Association
          San Diego Police Officers Association
          San Joaquin County Probation Officers Association
          Santa Clara County Probation Peace Officers' Union, Local 1587
          Stanislaus County Deputy Probation Officers Association
          Ventura County Professional Peace Officers' Association









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          OPPOSITION:   (Verified8/19/16)

          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


          ARGUMENTS IN SUPPORT:     According to the California Statewide  
          Law Enforcement Association:  



               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. 


          ARGUMENTS IN OPPOSITION:     According to the Law Center to  
          Prevent Gun Violence: 

               In 1999, the California Legislature enacted the Unsafe  








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               Handgun Act (UHA), which requires all new handgun models to  
               meet basic reliability and safety standards in order to be  
               certified for sale or manufacture by DOJ.  In order to be  
               certified, a handgun model must pass a firing test to  
               confirm the gun can be fired multiple times without  
               malfunctioning and pass a drop safety test to confirm the  
               firearm can be dropped without discharging.  New handgun  
               models developed after January 2007 must generally utilize  
               a chamber load indicator to signify when the firearm is  
               loaded, as well as a magazine disconnect mechanism to  
               prevent the gun from firing if a detachable magazine is  
               removed.  Those developed after January 2010 must also  
               incorporate microstamping technology, which imprints a  
               unique code on a casing when a handgun is fired to help law  
               enforcement solve gun crimes.  

               Since enactment of the UHA, the rate of accidental shooting  
               deaths in California has fallen by more than 50%, according  
               to CDC data. Though the national rate has also fallen over  
               this period, California's rate has fallen twice as much and  
               is now just one-third the national average
               
               The UHA currently exempts specified law enforcement  
               agencies under limited circumstances.  This exemption  
               allows those agencies to purchase uncertified "off-roster"  
               handguns for use in the discharge of their official duties,  
               and allows sworn members of these agencies-and only these  
               agencies- to purchase uncertified handguns for that  
               purpose.  However, the UHA does not require gun sellers to  
               seek any verification that officers purchasing off-roster  
               handguns were actually authorized to do so by their  
               employing agency, and does not prevent officers from  
               keeping unsafe handguns in their homes.  Because the UHA  
               also exempts handguns sold in private or secondary sales,  
               officers who obtain unsafe guns can also subsequently  
               resell them on the private market.  This problematic  
               exception undermines the UHA and should be narrowed, not  
               expanded.

               Instead of narrowing this law enforcement exception, AB  
               2165 seeks to permanently expand it to include all peace  
               officers in California who have completed an "introductory  








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               training course" for peace officers in firearm use.  This  
               would extend existing law's exemption to individuals with  
               much more limited familiarity with firearms, including  
               certain employees of the Departments of Fish and Game,  
               Parks and Recreation, Forestry and Fire Protection, welfare  
               fraud and child support investigators, medical  
               investigators, and coroners.   (Footnotes omitted.)

          ASSEMBLY FLOOR:  73-2, 4/25/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gray, Grove, Hadley, Harper, Roger Hernández,  
            Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine,  
            Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,  
            Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,  
            Patterson, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood,  
            Rendon
          NOES:  Quirk, Mark Stone
          NO VOTE RECORDED:  Chang, Chau, Gordon, Olsen, Williams

          Prepared by:Jessica  Devencenzi / PUB. S. / 
          8/22/16 20:37:50


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