AB 2245, as introduced, Cooper. Firearms: prohibitions: exemptions: probation departments.
Existing law makes it a crime for any person in this state to manufacture, import into the state, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Under existing law, this prohibition does apply to the sale or purchase of a handgun if the handgun is sold to, or purchased by, the Department of Corrections and Rehabilitation or to any federal law enforcement agency, among other entities.
This bill would also make the above prohibition inapplicable to the sale to, or purchase by, a probation department.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 32000 of the Penal Code is amended to
2read:
(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
P2 1be punished by imprisonment in a county jail not exceeding one
2year.
3(b) This section shall not apply to any of the following:
4(1) The manufacture in this state, or importation into this state,
5of a prototype handgun when the manufacture or importation is
6for the sole purpose of allowing an independent laboratory certified
7by the Department of Justice pursuant to Section 32010 to conduct
8an independent test to determine whether that handgun is prohibited
9by Sections 31900 to 32110, inclusive, and, if not, allowing the
10department to add the firearm to the roster of handguns that may
11be sold in this state pursuant to Section
32015.
12(2) The importation or lending of a handgun by employees or
13authorized agents of entities determining whether the weapon is
14prohibited by this section.
15(3) Firearms listed as curios or relics, as defined in Section
16478.11 of Title 27 of the Code of Federal Regulations.
17(4) The sale or purchase of a handgun, if the handgun is sold
18to, or purchased by, the Department of Justice,begin insert a probation
19department,end insert a police department, a sheriff’s official, a marshal’s
20office, the Department of Corrections and Rehabilitation, the
21California Highway Patrol, any district attorney’s office, any
22federal law enforcement agency, or the military or naval forces of
23this state or of the United States for use in the discharge of their
24official duties. This section does not prohibit the sale to, or
25purchase by, sworn members of these
agencies of a handgun.
26(5) The sale, purchase, or delivery of a handgun, if the sale,
27purchase, or delivery of the handgun is made pursuant to
28subdivision (d) of Section 10334 of the Public Contract Code.
29(c) Violations of subdivision (a) are cumulative with respect to
30each handgun and shall not be construed as restricting the
31application of any other law. However, an act or omission
32punishable in different ways by this section and other provisions
33of law shall not be punished under more than one provision, but
34the penalty to be imposed shall be determined as set forth in Section
35654.
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