Amended in Senate June 30, 2016

Amended in Senate June 13, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2245


Introduced by Assembly Member Cooper

February 18, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

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 doesbegin insert notend insert 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, or a sworn member of a probation department if that person satisfies certain requirements.begin insert The bill would prohibit a person who obtains an unsafe handgun pursuant to this exemption from selling the handgun or otherwise transferring ownership of the handgun to a person who is not exempt from the above prohibition.end insert

begin insert

This bill would require a person, with exceptions, who obtains an unsafe handgun pursuant to this exemption to, when leaving the handgun in an unattended vehicle, as defined, lock the handgun in the vehicle’s trunk or lock the handgun in a locked container, as defined, and place the container out of plain view. The bill would make a violation of this provision an infraction punishable by a fine not exceeding $1,000. By creating a new crime, this bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 32000 of the Penal Code is amended to
2read:

3

32000.  

(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
6be punished by imprisonment in a county jail not exceeding one
7year.

8(b) This section shall not apply to any of the following:

9(1) The manufacture in this state, or importation into this state,
10of a prototype handgun when the manufacture or importation is
11for the sole purpose of allowing an independent laboratory certified
12by the Department of Justice pursuant to Section 32010 to conduct
13an independent test to determine whether that handgun is prohibited
14by Sections 31900 to 32110, inclusive, and, if not, allowing the
15department to add the firearm to the roster of handguns that may
16be sold in this state pursuant to Section 32015.

17(2) The importation or lending of a handgun by employees or
18authorized agents of entities determining whether the weapon is
19prohibited by this section.

20(3) Firearms listed as curios or relics, as defined in Section
21478.11 of Title 27 of the Code of Federal Regulations.

22(4) The sale or purchase of a handgun, if the handgun is sold
23to, or purchased by, the Department of Justice, a police department,
P3    1a sheriff’s official, a marshal’s office, the Department of
2Corrections and Rehabilitation, thebegin insert Department of theend insert California
3Highway Patrol, any district attorney’s office, any federal law
4enforcement agency, or the military or naval forces of this state
5or of the United States for use in the discharge of their official
6duties. This section does not prohibit the sale to, or purchase by,
7sworn members of these agencies of a handgun.

8(5) The sale or purchase of a handgun, if the handgun is sold
9to, or purchased by, a probation department. This section does not
10prohibit the sale of a handgun to, or purchase by, sworn members
11of a probation department who have completed the firearms portion
12of the training course prescribed by the Commission on Peace
13Officer Standards and Training, pursuant to Section 832.

14(6) The sale, purchase, or delivery of a handgun, if the sale,
15purchase, or delivery of the handgun is made pursuant to
16subdivision (d) of Section 10334 of the Public Contract Code.

begin insert

17
(c) (1)  A person who obtains an unsafe handgun pursuant to
18paragraph (5) of subdivision (b) shall not sell the handgun or
19otherwise transfer ownership of the handgun to a person who is
20not exempt from this section pursuant to subdivision (b).

end insert
begin insert

21
(2) (A) A person who obtains an unsafe handgun pursuant to
22paragraph (5) of subdivision (b) shall, when leaving the handgun
23in an unattended vehicle, lock the handgun in the vehicle’s trunk
24or lock the handgun in a locked container and place the container
25out of plain view.

end insert
begin insert

26
(B) A violation of subparagraph (A) is an infraction punishable
27by a fine not exceeding one thousand dollars ($1,000).

end insert
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28
(C) For purposes of this paragraph, the following definitions
29shall apply:

end insert
begin insert

30
(i) “Vehicle” has the same meaning as defined in Section 670
31of the Vehicle Code.

end insert
begin insert

32
(ii) A vehicle is “unattended” when a person who is lawfully
33carrying or transporting a handgun in the vehicle is not within
34close proximity to the vehicle to reasonably prevent unauthorized
35access to the vehicle or its contents.

end insert
begin insert

36
(iii) “Locked container” has the same meaning as defined in
37Section 16850.

end insert
begin insert

38
(D) Subparagraph (A) does not apply to a peace officer during
39circumstances requiring immediate aid or action that are within
40the course of his or her official duties.

end insert
begin delete

P3   1 P3    1(c)

end delete

2begin insert(d)end insert Violations of subdivision (a) are cumulative with respect to
3each handgun and shall not be construed as restricting the
4application of any other law. However, an act or omission
5punishable in different ways by this section and other provisions
6of law shall not be punished under more than one provision, but
7the penalty to be imposed shall be determined as set forth in Section
8654.

9begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.

end insert


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