INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 18, 2016

   An act to amend Section 32000 of the Penal Code, relating to


   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.


  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 probation
department,  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, 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.
   (c) 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.