California Legislature—2015–16 Regular Session

Assembly BillNo. 2508


Introduced by Assembly Member Mathis

February 19, 2016


An act to amend Sections 32025 and 32030 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 2508, as introduced, Mathis. Firearms: unsafe handguns.

(1) Existing law establishes various requirements governing unsafe handguns, as defined. Among other things, existing law makes it a crime, punishable by imprisonment in a county jail not exceeding one year, to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law also requires handguns imported into the state for sale, kept for sale, or offered or exposed for sale, to be tested, as specified, to determine if they are unsafe. Existing law requires the Department of Justice to maintain a roster listing the handguns that have been tested and have been determined not to be unsafe. Existing law specifies various exceptions from these requirements.

Existing law allows a handgun model that has been included in the roster to be retested and allows the handgun model to be removed from the roster if it fails retesting. Existing law allows a handgun model removed from the roster for failing retesting to be reinstated upon a petition to the Attorney General for reinstatement and successful retesting, as specified.

This bill would allow a handgun model removed from the roster for any reason other than its failure upon retesting to be reinstated to the roster upon a petition to the Attorney General for reinstatement and successful retesting, as specified. The bill would require that a handgun model that is reinstated to the roster pursuant to these provisions only meet the requirements for listing as of the date the handgun model was originally submitted for testing.

(2) Under existing law, a firearm is deemed to meet the requirements for being listed on the roster if a firearm made by the same manufacturer is already listed on the roster and the unlisted firearm differs from the listed firearm only with regard to certain features, as specified.

This bill would revise the features in which the unlisted firearm may differ from the listed firearm and still be deemed to satisfy the requirements of being listed on the roster, as specified, and require that the unlisted firearm otherwise be internally functionally identical to the listed firearm. The bill would additionally require a firearm to be deemed to satisfy the requirements of being listed on the roster if a manufacturer alters a listed firearm, as provided, and the changes are, in the opinion of the manufacturer, necessary to improve the safety or operation of the firearm.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 32025 of the Penal Code is amended to
2read:

3

32025.  

begin insert(a)end insertbegin insertend insert A handgun model removed from the roster pursuant
4to subdivision (d) of Section 32020 may be reinstated on the roster
5if all of the following are met:

begin delete

6(a)

end delete

7begin insert(1)end insert The manufacturer petitions the Attorney General for
8reinstatement of the handgun model.

begin delete

9(b)

end delete

10begin insert(2)end insert The manufacturer pays the Department of Justice for all of
11the costs related to the reinstatement testing of the handgun model,
12including the purchase price of the handguns, prior to reinstatement
13testing.

begin delete

14(c)

end delete

15begin insert(3)end insert The reinstatement testing of the handguns shall be in
16accordance with subdivisions (b) and (c) of Section 32020.

begin delete

17(d)

end delete

P3    1begin insert(4)end insert The three handgun samples shall be tested only once for
2reinstatement. If the sample fails it may not be retested.

begin delete

3(e)

end delete

4begin insert(5)end insert If the handgun model successfully passes testing for
5reinstatement, and if the manufacturer of the handgun is otherwise
6in compliance with Sections 31900 to 32110, inclusive, the
7Attorney General shall reinstate the handgun model on the roster
8maintained pursuant to subdivision (a) of Section 32015.

begin delete

9(f)

end delete

10begin insert(6)end insert The manufacturer shall provide the Attorney General with
11the complete testing history for the handgun model.

begin delete

12(g)

end delete

13begin insert(7)end insert Notwithstanding subdivision (a) of Section 32020, the
14Attorney General may, at any time, further retest any handgun
15model that has been reinstated to the roster.

begin insert

16(b) (1) A handgun model removed from the roster for any reason
17other than as specified in subdivision (d) of Section 32020,
18including, but not limited to, a failure to pay the annual fee
19specified in Section 32015, may be reinstated on the roster if all
20of the following are met:

end insert
begin insert

21(A) The manufacturer petitions the Attorney General for
22reinstatement of the handgun model.

end insert
begin insert

23(B) The testing is conducted in the same manner as the testing
24prescribed in Sections 31900 and 31905.

end insert
begin insert

25(C) The manufacturer provides the Attorney General with the
26complete testing history of the handgun model.

end insert
begin insert

27(2) A handgun model reinstated pursuant to this subdivision
28shall only be required to meet the definitional requirements of
29Section 31910 to avoid being considered an “unsafe handgun” as
30of the date the handgun model was originally submitted for testing
31before it was removed from the roster.

end insert
begin insert

32(3) If the handgun successfully passes testing for reinstatement,
33the Attorney General shall reinstate the handgun model on the
34roster maintained pursuant to subdivision (a) of Section 32015.

end insert
35

SEC. 2.  

Section 32030 of the Penal Code is amended to read:

36

32030.  

(a) A firearm shall be deemed to satisfy the
37requirements of subdivision (a) of Section 32015 if another firearm
38made by the same manufacturer is already listed and the unlisted
39firearm differs from the listed firearm only inbegin delete one or more of the
40following features:end delete
begin insert dimension, barrel length, finish, coating, grips,
P4    1sights, magazine well opening, machining, contouring, or any
2other nonsubstantive mechanical or cosmetic feature, but is
3otherwise internally functionally identical to the listed firearm.end insert

begin delete

4(1) Finish, including, but not limited to, bluing, chrome-plating,
5oiling, or engraving.

6(2) The material from which the grips are made.

7(3) The shape or texture of the grips, so long as the difference
8in grip shape or texture does not in any way alter the dimensions,
9material, linkage, or functioning of the magazine well, the barrel,
10the chamber, or any of the components of the firing mechanism
11of the firearm.

12(4) Any other purely cosmetic feature that does not in any way
13alter the dimensions, material, linkage, or functioning of the
14magazine well, the barrel, the chamber, or any of the components
15of the firing mechanism of the firearm.

end delete
begin insert

16(b) A firearm shall be deemed to satisfy the requirements of
17subdivision (a) of Section 32015 if the manufacturer alters a listed
18firearm with a change or changes, including, but not limited to,
19function, mechanical components, or materials, if the change or
20changes are, in the opinion of the manufacturer, necessary to
21improve the safety or operation of the firearm. Any change does
22 not exempt the firearm from the requirements of Sections 31900
23and 31905.

end insert
begin delete

24(b)

end delete

25begin insert(c)end insert Any manufacturer seeking to have a firearm listedbegin insert on the
26rosterend insert
under this section shall provide to the Department of Justice
27all of the following:

28(1) The model designation of the listed firearm.

29(2) The model designation of each firearm that the manufacturer
30seeks to have listed under this section.

31(3) A statement, under oath, that each unlisted firearm for which
32listing is soughtbegin delete differs from the listed firearm only in one or more
33of the ways identified in subdivision (a) and is in all other respects
34identical to the listed firearm.end delete
begin insert complies with the requirements of
35subdivision (a) or subdivision (b), or both subdivisions (a) and
36(b), if applicable.end insert

begin delete

37(c)

end delete

38begin insert(d)end insert The department may, in its discretion and at any time, require
39a manufacturer to provide to the department any model for which
P5    1listing is sought under this section, to determine whether the model
2complies with the requirements of this section.



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