BILL ANALYSIS Ó AB 2508 Page 1 Date of Hearing: April 19, 2016 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair AB 2508 (Mathis) - As Amended April 6, 2016 VOTE ONLY SUMMARY: Provides that a handgun model removed from the roster of not unsafe handguns for any reason other than failing handgun safety testing, including, but not limited to, a failure to pay the annual fee, may be reinstated on the roster, as specified. Specifically, this bill: 1)Provides that a handgun model removed from the roster of not unsafe handguns for any reason other than failing handgun safety testing, including, but not limited to, a failure to pay the annual fee, may be reinstated on the roster if all of the following conditions are met: a) The manufacturer petitions the Attorney General (AG) for reinstatement of the handgun model; b) The reinstatement testing of the handguns shall be in accordance with specified retesting procedures; c) Requires the handgun manufacturer to provide the AG with the complete testing history for the handgun model; and, d) The manufacturer pays the department for all of the AB 2508 Page 2 reasonable costs related to the reinstatement testing of the handgun model, including the purchase price of the handguns, prior to reinstatement testing. 2)States that a handgun model reinstated pursuant to the above provisions shall only be required to meet the handgun safety definitional requirements in place at the time the handgun model was originally submitted for testing. 3)Provides that 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; 4)States that a firearm shall be deemed to be not unsafe if another firearm made by the same manufacturer is already listed and the unlisted firearm differs from the listed firearm in dimension, barrel length, finish, coating, sights, magazine well opening, machining, contouring, or any other non-substantive mechanical or cosmetic feature, but is otherwise internally functionally identical to the listed firearm. 5)Provides that a firearm shall be deemed to meet the safety standards required in order to be listed on the roster of not unsafe handguns, if a manufacturer alters a listed firearm with one or more changes to the firearm's manufacturing process, materials, function, or components. This section does not exempt the firearm from the drop safety requirement for handguns or the firing requirements for 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: AB 2508 Page 3 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. (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 AB 2508 Page 4 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, 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: AB 2508 Page 5 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 handguns 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 from 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. AB 2508 Page 6 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).) 10)States that any manufacturer seeking to have a firearm listed as being similar to a tested 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, "AB 2508 would give law-abiding residents the opportunity to acquire previously safety-tested and Department of Justice (DOJ) approved, quality handguns that were removed from California's Handgun Roster for reasons not related to whether or not such handguns were "unsafe". Additionally, it would allow manufacturers to make minor changes, such as a safety upgrades to firearms that are already on the roster." 2)Not Unsafe Handgun Law: SB 15 (Polanco), Chapter 248, Statutes of 1999, made it a misdemeanor for any person in California to manufacture, import for sale, offer for sale, give, or lend any unsafe handgun as, as defined, with specific exceptions. SB 15 defined an "unsafe handgun" as a handgun that does not have requisite safety features, does not meet specified firing requirements or does meet specified drop AB 2508 Page 7 safety requirements. SB 489 (Scott), Chapter 500, Statutes of 2003, added to the handgun safety requirements, effective January 1, 2007, all center-fire semiautomatic pistols not already found to be "safe" to have both a chamber load indicator and a magazine disconnect mechanism if the pistol has a detachable magazine in order to be added to the roster of approved "safe" firearms. All firearms that were not on the unsafe handgun roster prior to the effective date of this stature were grandfathered in. AB 1471 (Feuer), Chapter 572, Statutes of 2007, added "microstamping" as a requirement for a firearm to be placed on the not unsafe handgun roster beginning January 1, 2010 provided that the DOJ certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by patent restrictions. The DOJ issued the required certification on May 17, 2013. As with chamber load indicators and magazine disconnect mechanisms, the "microstamping" requirement did not apply to firearms that were already on the roster. This legislation makes two changes to the not unsafe handgun law. First, it would allow a firearm that was on the roster but was removed for a reason other than failing safety testing, for example, failure to pay the annual fee, to be added back the roster if it meets specified requirements. Secondly, a handgun model seeking reinstatement would only be required to meet the standards that were in place when the model was originally placed on the roster. For example, a handgun that was placed on the roster in 2002 and was removed in 2013 for a failure to pay the annual fee, could be added back to the roster without a chamber load indicator, magazine disconnect, and microstamping. 3)Argument in Support: According to the Firearms Policy Coalition, "As you know, the number of semi-automatic firearms available for sale in California is diminishing due to changes to the statutes governing the handgun roster put in place AB 2508 Page 8 since its inception in 2000. Originally a consumer product safety testing system, over the years it has become, in practice, a total ban on new semi-automatic firearms. New models may not be submitted for testing and inclusion on the approved roster unless they have "microstamping" technology. Unfortunately, workable microstamping technology does not exist in the industry, nor does it appear that it will in the foreseeable future. "In addition, the current statute can be interpreted to prohibit the upgrading or modification of already approved handguns- if a part or vendor in the supply chain needs to be changed or upgraded for quality or safety, the manufacturer cannot re-apply under the same testing conditions as it must then be treated as an entirely new model and tested with "microstamping", which as we stated previously- does not exist. "Your measure, Assembly Bill 2508, clarifies that minor changes that do not change the internal functionality of the firearm will not prevent that firearm from being safety-tested in a state approved laboratory under the same requirements it was successfully submitted under originally. "This is a win for public safety, the consumer and the manufacturer. It represents the spirit of the original enacting legislation, but clarifies those issues that prevent the consumer from having access to high quality products." 4)Argument in Opposition: According to the California Chapters of the Brady Campaign to Prevent Gun Violence, "Pursuant to the Unsafe Handgun Act (SB 15), which was enacted in 1999, California law established various requirements governing unsafe handguns. For example, existing law requires the Department of Justice to maintain a roster listing the handguns that have been tested have been determined not to be unsafe. Further, 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. "If a handgun model is removed from the roster for failing AB 2508 Page 9 retesting, existing law allows reinstatement following a petition to the Attorney General for reinstatement and successful retesting. AB 2508, however, would allow a handgun model removed from the roster for any other reason to be reinstated to the roster upon a petition to the Attorney General. The bill further provides that a handgun model that is reinstated to the roster in this way must only meet the requirements for listing as of the date the handgun model was originally submitted for testing. "Another provision of AB 2508 would revise the features in which the unlisted firearm may differ from the listed firearm and still be reinstated on the roster, provided that the unlisted firearm is otherwise internally functionally identical to the listed firearm. Finally, the bill would require a firearm to be deemed to satisfy the requirements of being listed on the roster if a manufacturer alters a listed firearm, and the changes are, in the opinion of the manufacturer, necessary to improve the safety or operation of the firearm. "These provisions are objectionable because they are both too broad (an unlisted firearm can differ from the listed firearm in dimension, barrel length, finish, coating, grips, sights, magazine well opening, machining, contouring, or any other non-substantive mechanical or cosmetic feature) and subjective (in the opinion of the manufacturer is necessary to improve the safety or operation of the firearm). The reasonable solution is to submit the unlisted guns for testing as new models, which they essentially are. "The California Brady Campaign strongly opposes AB 2508. If a firearm has been removed from the roster because of voluntary action by a firearm manufacturer, then the manufacturer should have to live by its decision and/or actions. A manufacturer may, of course, resubmit the firearm for retesting but it should be required to comply with all the requirements in place at the time of resubmittal. In practical terms, this means that the firearm should possess an approved chamber load indicator and be equipped with micro-stamping technology. It is clear that the underlying purpose of this bill is to circumvent these newer additions to the law." AB 2508 Page 10 5)Prior Legislation: SB 916 (Correa), of the 2014-2015 Legislative Session, was substantially similar to this bill in that it allowed a firearm to be reinstated to the DOJ roster of "not unsafe handguns" if the handgun was removed from the roster for any reason other than failing handgun safety testing. SB 916 failed passage in the Senate Public Safety Committee. REGISTERED SUPPORT / OPPOSITION: Support California Association of Federal Firearms Licensees Crossroads of the West Gun Shows Firearms Policy Coalition Gun Owners of California National Rifle Association of America National Shooting Sports Foundation Outdoor Sportsmen's Coalition of California Safari Club International Opposition Michael Feuer, Los Angeles City Attorney California Chapters of the Brady Campaign to Prevent Gun Violence Law Center to Prevent Gun Violence Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 AB 2508 Page 11