BILL ANALYSIS Ó
AB 2245
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Date of Hearing: March 29, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2245 (Cooper) - As Introduced February 18, 2016
SUMMARY: Exempts probation departments and sworn members of
probation departments from the prohibition related to the
purchase or sale of unsafe handguns.
EXISTING LAW:
1)Requires commencing January 1, 2001, 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. (Pen. Code, § 32000, subd. (a).)
a) Specifies that this section shall not apply to any of
the following:
i) 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 the
Department of Justice (DOJ) to conduct an independent
test to determine whether that pistol, revolver, or other
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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.
ii) 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.
iii) Firearms listed as curios or relics, as defined in
federal law.
iv) 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 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 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. (Pen. Code, § 32000, subd.
(b).)
2)Specifies that violations of the unsafe handgun provisions are
cumulative with respect to each handgun and shall not be
construed as restricting the application of any other law.
(Pen. Code, § 32000, subd. (c).)
3)Defines "unsafe handgun" as any pistol, revolver, or other
firearm capable of being concealed upon the person, as
specified, which lacks various safety mechanisms, as
specified. (Pen. Code, § 31910.)
4)Requires any concealable firearm manufactured in California,
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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 Department of Justice
(DOJ), to determine whether it meets required safety
standards, as specified. (Pen. Code, § 32010, subd. (a).)
5)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. (Pen. Code, § 32015, subd. (a).)
6)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 be unsafe, and the costs of research and
development, report analysis, firearms storage, and other
program infrastructure costs, as specified. (Pen. Code §
32015, subd. (b)(1).)
7)Provides that the Attorney General (AG) may annually test up
to 5 percent of the handgun models listed on the roster that
have been found to be not unsafe. (Pen. Code, § 30020, subd.
(a).)
8)States that a handgun removed from the roster for failing the
above retesting may be reinstated to the roster if all of the
following are met:
a) The manufacturer petitions the AG for reinstatement of
the handgun model;
b) The manufacturer pays the DOJ for all the costs related
to the reinstatement testing of the handgun model,
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including purchase of the handgun, prior to reinstatement
testing;
c) The reinstatement testing of the handguns shall be in
accordance with specified retesting procedures;
d) The three handgun samples shall only be tested once. If
the sample fails it may not be retested;
e) If the handgun model successfully passes testing for
reinstatement, as specified, the AG shall reinstate the
handgun model on the roster of not unsafe handguns;
f) Requires the handgun manufacturer to provide the AG with
the complete testing history for the handgun model; and,
g) Allows the AG, at any time, to further retest any
handgun model that has been reinstated to the roster.
(Pen. Code, § 32025, subds. (a)-(g).)
9)Provides that a firearm may be deemed to be listed on the
roster of not unsafe handguns if a firearm made by the same
manufacturer is already listed and the unlisted firearm
differs from the listed firearm in one or more of the
following features:
a) Finish, including, but not limited to bluing, chrome
plating or engraving;
b) The material form which the grips are made;
c) The shape or texture of the grips, so long as the
difference in grip shape or texture that does not in any
way alter the dimensions, material, linkage, or functioning
of the magazine well, the barrel, the chamber, or any of
the components of the firing mechanism of the firearm.
d) Any other purely cosmetic feature that does not in any
way alter the dimensions, material, linkage, or functioning
of the magazine well, the barrel, the chamber, or any of
the components of the firing mechanism of the firearm.
(Pen Code, § 32030, subd. (a).)
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10)States that any manufacturer seeking to have a firearm listed
as being similar to a tested firearm shall provide the DOJ
with the following:
a) The model designation of the listed firearm;
b) The model designation of each firearm that the
manufacturer seeks to have listed on the roster of not
unsafe handguns;
c) Requires a manufacturer to make a statement under oath
that each unlisted firearm for which listing is sought
differs from the listed firearm in only one or more
specified ways, and is otherwise identical to the listed
firearm. (Pen Code, § 32030, subd. (b).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Probation
departments and officers have recently been unable to upgrade
on-duty handguns to the latest models because probation is not
expressly cited in PC 32000(b)(4) which sets forth the peace
officers that are authorized to purchase and use non-roster
handguns. Two examples of this include Marin and San Mateo
Probation Departments who have been denied purchases.
"Probation officers receive the same POST certified PC 832
firearms and arrest training as other peace officers currently
noted in existing law. Further, probation officers qualify
quarterly for their firearms training which meets and exceeds
the general training requirements.
"Probation also often works in concert with other local law
enforcement agencies on task forces including, but not limited
to, gang task forces, narcotic task forces, compliance checks,
PC 290 registration compliance and other duties.
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"Therefore, it is important that probation be able to
purchase, train with, and use the same models of firearms that
other peace officers that we work with are able to use.
2)Argument in Support: According to the Chief Probation
Officers of California, "Existing law does not expressly note
probation departments as peace officers who are authorized to
purchase non-roster firearms for official department use,
which historically has not presented an issue to departments
in being able to purchase the necessary models of firearms
needed for on-duty responsibilities.
"However, recently a few county probation department-Marin and
San Mateo- had their purchase order to upgrade on-duty
handguns to the latest models denied by firearms dealers
noting state exemptions for peace officers that are authorized
to purchase and use, in their official duties, not on the
rostered list.
"Probation officers receive the same POST certified PC 832
firearms and arrest training as other peace officers currently
noted in existing law. Further, probation officers qualify
quarterly for their firearms training which meets and exceeds
the general training requirements.
"In addition to the duties of supervising persons on probation,
Post-Release Community Supervision (PRCS), and Mandatory
Supervision (MS), probation often works in concert with other
local law enforcement agencies on task forces including, but
not limited to, gang task forces, narcotic task forces,
compliance checks, PC 290 registration compliance and other
duties. Therefore, it is important that probation be able to
purchase, train with, and use the same models of firearms that
other peace officers that we work with are able to use".
3)Argument in Opposition: According to the California Chapters
of the Brady Campaign to Prevent Gun Violence, "AB 2245 would
expand this exemption and allow probation departments to
obtain unsafe handguns. The bill is unnecessary because
probation officers have many safer models of handguns
available to them.
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"Officers frequently take their service weapons home and, in
some cases, fail to lock them away. Firearms with prominent
loaded chamber indicators and magazine disconnect safety
devices are safer than those without these and other safety
features.
"There are many instances of even highly trained law enforcement
officers being unaware that a round remains in the chamber of
a pistol that lacks a loaded chamber indicator and
unintentionally shooting someone. Some models of unsafe
handguns lack manual safeties. Unsafe gun designs help cause
many unintentional firearm injuries and deaths. For example,
unintentional injuries called "Glock leg" are common.
"There have also been a number of instances where firearms
originally sold to law enforcement were, in turn, re-sold or
transferred to civilians. Some law enforcement handguns have
been stolen or in other ways have gotten into civilian hands."
REGISTERED SUPPORT / OPPOSITION:
Support
Chief Probation Officers of California (Sponsor)
Los Angeles Professional Peace Officers Association
Peace Officers Research Association of California
Riverside Sheriffs' Association
Los Angeles Probation Officers Union, AFSCME Local 685
Opposition
California Chapters of the Brady Campaign to Prevent Gun
Violence
Law Center to Prevent Gun Violence
AB 2245
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Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744