BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2165|
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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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