Amended in Assembly March 14, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2508


Introduced by Assembly Member Mathis

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(Coauthors: Assembly Members Travis Allen and Chávez)

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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 amended, 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:

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SECTION 1.  

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

3

32025.  

(a) 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:

6(1) The manufacturer petitions the Attorney General for
7reinstatement of the handgun model.

8(2) The manufacturer pays the Department of Justice for all of
9the costs related to the reinstatement testing of the handgun model,
10including the purchase price of the handguns, prior to reinstatement
11testing.

12(3) The reinstatement testing of the handguns shall be in
13accordance with subdivisions (b) and (c) of Section 32020.

14(4) The three handgun samples shall be tested only once for
15reinstatement. If the sample fails it may not be retested.

P3    1(5) If the handgun model successfully passes testing for
2reinstatement, and if the manufacturer of the handgun is otherwise
3in compliance with Sections 31900 to 32110, inclusive, the
4Attorney General shall reinstate the handgun model on the roster
5maintained pursuant to subdivision (a) of Section 32015.

6(6) The manufacturer shall provide the Attorney General with
7the complete testing history for the handgun model.

8(7) Notwithstanding subdivision (a) of Section 32020, the
9Attorney General may, at any time, further retest any handgun
10model that has been reinstated to the roster.

11(b) (1) A handgun model removed from the roster for any reason
12other than as specified in subdivision (d) of Section 32020,
13including, but not limited to, a failure to pay the annual fee
14specified in Section 32015, may be reinstated on the roster if all
15of the following are met:

16(A) The manufacturer petitions the Attorney General for
17reinstatement of the handgun model.

18(B) The testing is conducted in the same manner as the testing
19prescribed in Sections 31900 and 31905.

20(C) The manufacturer provides the Attorney General with the
21complete testing history of the handgun model.

22(2) A handgun model reinstated pursuant to this subdivision
23shall only be required to meet the definitional requirements of
24Section 31910 to avoid being considered an “unsafe handgun” as
25of the date the handgun model was originally submitted for testing
26before it was removed from the roster.

27(3) If the handgun successfully passes testing for reinstatement,
28the Attorney General shall reinstate the handgun model on the
29roster maintained pursuant to subdivision (a) of Section 32015.

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SEC. 2.  

Section 32030 of the Penal Code is amended to read:

31

32030.  

(a) A firearm shall be deemed to satisfy the
32requirements of subdivision (a) of Section 32015 if another firearm
33made by the same manufacturer is already listed and the unlisted
34firearm differs from the listed firearm only in dimension, barrel
35length, finish, coating, grips, sights, magazine well opening,
36machining, contouring, or any other nonsubstantive mechanical
37or cosmetic feature, but is otherwise internally functionally
38identical to the listed firearm.

39(b) A firearm shall be deemed to satisfy the requirements of
40subdivision (a) of Section 32015 if the manufacturer alters a listed
P4    1firearm with a change or changes, including, but not limited to,
2function, mechanical components, or materials, if the change or
3changes are, in the opinion of the manufacturer, necessary to
4improve the safety or operation of the firearm. Any change does
5not exempt the firearm from the requirements of Sections 31900
6and 31905.

7(c) begin deleteAny end deletebegin insertA end insertmanufacturer seeking to have a firearm listed on the
8roster under this section shall provide to the Department of Justice
9all of the following:

10(1) The model designation of the listed firearm.

11(2) The model designation of each firearm that the manufacturer
12seeks to have listed under this section.

13(3) A statement, under oath, that each unlisted firearm for which
14listing is sought complies with the requirements of subdivision (a)
15or subdivision (b), or both subdivisions (a) and (b), if applicable.

16(d) The department may, in its discretion and at any time, require
17a manufacturer to provide to the department any model for which
18listing is sought under this section, to determine whether the model
19complies with the requirements of this section.



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