AB 2245, as amended, 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 probationbegin delete department.end deletebegin insert department, or a sworn member of a probation department if that person satisfies certain requirements.end insert
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
2to be manufactured, imports into the state for sale, keeps for sale,
3offers or exposes for sale, gives, or lends an unsafe handgun shall
4be punished by imprisonment in a county jail not exceeding one
5year.
6(b) This section shall not apply to any of the following:
7(1) The manufacture in this state, or importation into this state,
8of a prototype handgun when the manufacture or importation is
9for the sole purpose of allowing an independent laboratory certified
10by the Department of Justice pursuant to Section 32010 to conduct
11an independent test to determine whether that handgun
is prohibited
12by Sections 31900 to 32110, inclusive, and, if not, allowing the
13department to add the firearm to the roster of handguns that may
14be sold in this state pursuant to Section 32015.
15(2) The importation or lending of a handgun by employees or
16authorized agents of entities determining whether the weapon is
17prohibited by this section.
18(3) Firearms listed as curios or relics, as defined in Section
19478.11 of Title 27 of the Code of Federal Regulations.
20(4) The sale or purchase of a handgun, if the handgun is sold
21to, or purchased by, the Department of Justice,begin delete a probation a police department, a sheriff’s official, a marshal’s
22department,end delete
23
office, the Department of Corrections and Rehabilitation, the
24California Highway Patrol, any district attorney’s office, any
25federal law enforcement agency, or the military or naval forces of
26this state or of the United States for use in the discharge of their
27official duties. This section does not prohibit the sale to, or
28purchase by, sworn members of these agencies of a handgun.
29
(5) The sale or purchase of a handgun, if the handgun is sold
30to, or purchased by, a probation department. This section does
31not prohibit the sale of a handgun to, or purchase by, sworn
32members of a probation department who have completed the
33firearms portion of the training course prescribed by the
34Commission on Peace Officer Standards and Training, pursuant
35to Section 832.
36(5)
end delete
37begin insert(6)end insert The sale, purchase, or delivery of a handgun, if the sale,
38purchase, or delivery of the handgun is made pursuant to
39subdivision (d) of Section 10334 of the Public Contract Code.
P3 1(c) Violations of subdivision (a) are cumulative with respect to
2each handgun and shall not be construed as restricting the
3application of any other law. However, an act or omission
4punishable in different ways by this section and other provisions
5of law shall not be punished under more than one provision, but
6the penalty to be imposed shall be determined as set forth in Section
7654.
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