BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AB  
          2245 (Cooper)


          As Introduced  February 18, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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  








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            year.  
             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  
                 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.  









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          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.  
          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.  


          4)Requires any concealable firearm manufactured in California,  
            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 DOJ, to determine whether  
            it meets required safety standards, as specified.  


          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. 


          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.  









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          7)Provides that the Attorney General (AG) may annually test up  
            to 5% of the handgun models listed on the roster that have  
            been found to be not unsafe.  


          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,  
               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.  









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          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.  


          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.  









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          FISCAL EFFECT:  Unknown.  This bill has been keyed non-fiscal by  
          the Legislative Council. 


          COMMENTS:  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  
          Penal Code (PC) Section 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 [Peace Officer Standards  
          and Training] 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. 


          "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." 




          Analysis Prepared by:                                             
                          Gregory Pagan / PUB. S. / (916) 319-3744  FN:  
          0002672









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