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:
Section 32025 of the Penal Code is amended to
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:
7 The manufacturer petitions the Attorney General for
8reinstatement of the handgun model.
10 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
15 The reinstatement testing of the handguns shall be in
16accordance with subdivisions (b) and (c) of Section 32020.
P3 1 The three handgun samples shall be tested only once for
2reinstatement. If the sample fails it may not be retested.
4 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.
10 The manufacturer shall provide the Attorney General with
11the complete testing history for the handgun model.
13 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.
Section 32030 of the Penal Code is amended to read:
(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 in
begin delete one or more of the
40following features:end 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.
25 Any manufacturer seeking to have a firearm listed 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 sought
begin 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
38 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.