BILL NUMBER: AB 106 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 1999
AMENDED IN ASSEMBLY MARCH 10, 1999
INTRODUCED BY Assembly Members Scott and Aroner and Senator
Hayden
(Principal coauthor: Assembly Member Villaraigosa)
(Coauthors: Assembly Members Davis, Dutra, Havice, Hertzberg,
Jackson, Keeley, Knox, Kuehl, Lempert, Longville, Romero, Shelley,
Steinberg, Washington, Wesson, and Wildman)
(Coauthors: Senators Alpert, Figueroa, Perata, and Solis)
DECEMBER 22, 1998
An act to add Article 4.5 (commencing with Section 12087) to
Chapter 4 of Title 2 of Part 4 of the Penal Code, relating to firearm
safety devices.
LEGISLATIVE COUNSEL'S DIGEST
AB 106, as amended, Scott. Firearms: safety devices.
Existing law generally regulates the transfer and possession of
firearms.
This bill would establish the Aroner-Scott
Aroner-Scott-Hayden Firearms Safety Act of 1999 (the act)
and would prohibit any person, firm, or corporation from
importing firearms unless licensed by the Attorney General
.
This bill would require that, effective July 1, 2001
January 1, 2002 , all firearms sold or
transferred in this state, or delivered for sale in this
state by a licensed manufacturer, licensed importer, or a licensed
dealer manufactured in this state, be
accompanied by a firearms safety device approved by the
Attorney General Department of Justice .
This bill would require the Attorney General, not later than
July January 1, 2000, to begin
development of minimum safety standards for firearms safety devices
that are designed to reduce the risk of unintentional injury by
firearms. The bill would also provide that the Attorney General
report to the Legislature regarding the standards by January 1,
2001, and that the standards be effective January 1, 2002.
The bill would require the Attorney General, not later
than July Department of Justice, effective January
1, 2001, to certify laboratories to test child safety devices,
and would authorize the Department of Justice to charge the
laboratories a fee not exceeding the costs of certification. The
bill would also require the department to notify the manufacturer,
importer, or dealer of the department's determination regarding
whether the firearms safety device may be sold in this state. The
bill would further require the department, not later than July 1,
2001, to compile, publish, and maintain a roster listing all safety
devices that have been tested as described above, have been
determined by the department to meet the standards for child safety
devices, and that may be sold in this state.
This bill would require any packaging or other descriptive
material that accompanies a firearm sold or transferred or
manufactured in this state, or delivered for sale in
this state by any licensed manufacturer, licensed importer, or
licensed California dealer to bear a label with a specified
warning. The bill would also require the warning label be affixed
to the firearm if the firearm is sold, transferred or delivered in
this state without accompanying packaging.
This bill would authorize the Attorney General to recall any
firearm or firearms safety device distributed
sold in this state after July 1, 2001
January 1, 2002 , that does not conform to specified provisions
of the act.
This bill would require each law enforcement agency investigating
an incident to report specified information to the Attorney General
in connection with unintentional gunshot wounds sustained by children
after the effective date of the act.
This bill would provide that any violation of specified provisions
of the act would be punishable by a fine of $1,000. A second
violation of those provisions would be punishable by a fine of $1,000
and would render a licensed manufacturer, licensed importer, or a
licensed California dealer ineligible to manufacture or sell firearms
for 30 days in this state. A third violation of those provisions
would render a licensed manufacturer, licensed importer, or a
licensed California dealer permanently ineligible to manufacture,
import, or sell, respectively, firearms in this state.
By creating a new crime, this bill would impose a state-mandated
local program.
This bill would declare that the act does not relieve any person
from liability to any other person as may be imposed pursuant to
common law, statutory law, or local ordinance. This bill would also
declare that the act does not require or prohibit local ordinances
that place more stringent requirements upon firearms manufacturers,
importers, or California dealers regarding firearm use-limitation
devices or trigger locks.
This bill would declare that the act does not apply to the
commerce of certain firearms, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4.5 (commencing with Section 12087) is added to
Chapter 4 of Title 2 of Part 4 of the Penal Code, to read:
Article 4.5. Child Accident Prevention Devices
12087. This article shall be known and may be cited as the
"Aroner-Scott "Aroner-Scott-Hayden
Firearms Safety Act of 1999."
12087.5. The Legislature makes the following findings:
(a) In the years 1987 to 1996, nearly 2,200 children in the United
States under the age of 15 years died in unintentional shootings.
In 1996 alone, 138 children were shot and killed unintentionally.
Thus, more than 11 children every month, or one child every three
days, were shot or killed unintentionally in firearms-related
incidents.
(b) The United States leads the industrialized world in the rates
of children and youth lost to unintentional, firearms-related death.
A 1997 study from the federal Centers for Disease Control and
Prevention reveals that for unintentional firearm-related deaths for
children under the age of 15, the rate in the United States was nine
times higher than in 25 other industrialized countries combined.
(c) While the number of unintentional deaths from firearms is an
unacceptable toll on America's children, nearly eight times that
number are treated in U.S. hospital emergency rooms each year for
nonfatal unintentional gunshot wounds.
(d) A study of unintentional firearm deaths among children in
California found that unintentional gunshot wounds most often involve
handguns.
(e) A study in the December 1995 issue of the Archives of
Pediatric and Adolescent Medicine found that children as young as
three years old are strong enough to fire most commercially available
handguns. The study revealed that 25 percent of three to four year
olds and 70 percent of five to six year olds had sufficient finger
strength to fire 59 (92 percent) of the 64 commonly available
handguns referenced in the study.
(f) The Government Accounting Office (GAO), in its March 1991
study, "Accidental Shootings: Many Deaths and Injuries Caused by
Firearms Could be Prevented," estimates that 31 percent of accidental
deaths caused by firearms might be prevented by the addition of two
safety devices: a child-resistant safety device that automatically
engages and a device that indicates whether the gun is loaded.
According to the study results, of the 107 unintentional
firearms-related fatalities the GAO examined for the calendar years
1988 and 1989, eight percent could have been prevented had the
firearm been equipped with a child-resistant safety device. This
eight percent represents instances in which children under the age of
six unintentionally shot and killed themselves or other persons.
(g) Currently, firearms are the only products manufactured in the
United Stated that are not subject to minimum safety standards.
(h) A 1997 public opinion poll conducted by the National Opinion
Research Center at the University of Chicago in conjunction with the
Johns Hopkins Center for Gun Policy and Research found that 74
percent of Americans support safety regulation of the firearms
industry.
(i) Some currently available trigger locks and other similar
devices are inadequate to prevent the accidental discharge of the
firearms to which they are attached, or to prevent children from
gaining access to the firearm.
12088. (a) Beginning July 1, 2001, no person, firm or corporation
may import firearms for sale into California unless licensed by the
Attorney General.
(b) Beginning February 1, 2001, all licensed firearm importers
shall require that each employee obtain a certificate of eligibility
pursuant to paragraph (4) of subdivision (a) of Section 12071, which
shall be renewed annually, prior to being allowed to come into
contact with or having access to any firearm.
(c) The licensee shall prohibit any employee who the licensee
knows or reasonably should know is within a class of persons
prohibited from possessing firearms pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of the Welfare and
Institutions Code, from coming into contact with or having access to
any firearm.
12088.1.
12088. Effective July January
1, 2001:
(a) On or before July 1, 2001, the The
Department of Justice shall certify laboratories to verify
compliance with standards for firearms safety devices set forth in
Section 12088.2.
(b) The Department of Justice may charge any laboratory that is
seeking certification to test firearms safety devices a fee not
exceeding the costs of certification.
(c) The certified laboratory shall, at the manufacturer's or
importer's or dealer's expense, test the firearms safety device and
submit a copy of the final test report directly to the Department of
Justice along with the firearms safety device. The department shall
notify the manufacturer, dealer, or importer of its receipt of the
final test report and the department's determination as to whether
the firearms safety device tested may be sold in this state.
(d) On and after July 1, 2001, the Department of Justice shall
compile, publish, and thereafter maintain a roster listing all of the
safety devices that have been tested by a certified testing
laboratory, have been determined to meet the department's standards
for firearms safety devices and may be sold in this state.
(e) The roster shall list, for each firearms safety device, the
manufacturer, model number, and model name.
(f)
12088.1. Effective January 1, 2002:
(a) All firearms sold or transferred in this state
, or delivered by a licensed manufacturer or licensed importer to a
licensed dealer for sale by a licensed firearms
dealer, including private transfers through a dealer, and all
firearms manufactured in this state, shall include or be
accompanied by a firearms safety device that is listed on the
Department of Justice's roster of approved firearms safety devices.
(g) All firearms sold or transferred in this state, or delivered
by a licensed dealer for sale in this state, shall include or be
accompanied by the approved child accident prevention device supplied
to the dealer by the licensed manufacturer or importer. If the
firearm was produced prior to January 1, 2001, the firearm shall be
sold with a firearms safety device approved by the Attorney General.
(h)
(b) All firearms sold or transferred in this state
, or delivered by a licensed manufacturer, licensed importer, or
licensed dealer for sale by a licensed firearms
dealer, including private transfers through a dealer, and all
firearms manufactured in this state shall bear the warning
label or labels prescribed in Section 12088.3.
12088.2. (a) No later than July January
1, 2000, the Attorney General shall commence development of
regulations to implement a minimum safety standard for firearms
safety devices to significantly reduce the risk of firearms-related
injuries to children 18 years of age and younger. The final standard
shall do all of the following:
(1) Address the risk of injury from unintentional gunshot wounds.
(2) Address the risk of injury from self-inflicted gunshot wounds
by unauthorized users.
(3) Include provisions to ensure that all firearms safety devices
are reusable and of adequate quality and construction to prevent
children and unauthorized users from firing the firearm and to ensure
that these devices cannot be readily removed from the firearm except
by an authorized adult user utilizing the key, combination, or other
method of access intended by the manufacturer of the device.
(4) Include additional provisions as appropriate.
(b) The Attorney General shall consult, for the purposes of
guidance in development of the standard, test protocols such as those
described in Title 16 (commencing with Part 1700) of the Code of
Federal Regulations, relating to poison prevention packaging
standards. The Attorney General shall also give appropriate
consideration to the use of devices that are not detachable, but are
permanently installed and incorporated into the design of a firearm.
The Attorney General shall adopt and issue regulations implementing
a final standard not later than January 1, 2001. The Attorney
General shall report to the Legislature on these standards by January
1, 2001. The final standard shall be effective July
1, 2001 January 1, 2002 .
12088.3. (a) The packaging of any firearm and any descriptive
materials that accompany any firearm sold or transferred in this
state, or delivered for sale in this state, by any licensed
manufacturer, licensed importer, or licensed dealer, shall bear a
label containing the following warning statement:
WARNING
Children are attracted to and can operate firearms that can cause
severe injuries or death.
Prevent child access by always keeping handguns locked away and
unloaded.
A yellow triangle containing an exclamation mark shall appear
immediately before the word "Warning" on the label.
(b) If the firearm is sold or transferred without accompanying
packaging, the warning label shall be affixed to the firearm itself
by a method to be prescribed by regulation of the Attorney General.
(c) The warning statement required under subdivisions (a) and (b)
shall be:
(1) Displayed in its entirety on the principal display panel of
the firearm's package, and on any descriptive materials that
accompany the firearm.
(2) Displayed in both English and Spanish in conspicuous and
legible type in contrast by typography, layout, or color with other
printed matter on that package or descriptive materials in a manner
consistent with Part 1500.121 of Title 16, of the Code of Federal
Regulations, or successor regulations thereto.
12088.4. (a) If at any time the Attorney General determines that
a firearm or child accident prevention
firearms safety device subject to the provisions of this
article and distributed after July 1, 2001
sold after January 1, 2002 , does not conform with the
standards and warnings required by Sections 12088.1, 12088.2, and
12088.3, the Attorney General may order the recall and replacement of
the firearm or firearms safety device by the licensed manufacturer,
or licensed firearms dealer, or order that the licensed
manufacturer or licensed firearms dealer bring the firearm
or firearms safety device into conformity with those requirements.
If only the firearms safety device is recalled, the licensed
manufacturer of the firearms safety device or licensed firearms
dealer shall immediately provide a conforming replacement.
12088.5. (a) Each law enforcement agency investigating an
incident shall report to the Attorney General any information
obtained by the manufacturer, importer, or dealer which reasonably
supports the conclusion that:
(1) Any incident in which a child 18 years of age or younger
suffered an unintentional or self-inflicted gunshot wound inflicted
by a firearm that was sold or transferred in this state, or delivered
for sale in this state, by the licensed manufacturer, licensed
importer, or licensed dealer, after the effective date of this
article.
(2) Whether as a result of that incident the child died, suffered
serious injury, or was treated for an injury by a medical
professional.
12088.6. Any violation of Section 12088, subdivision (g)
of Section 12088.1, subdivision (h) of Section 12088.1,
Section 12088.1 or Section 12088.3 is punishable by a fine
of one thousand dollars ($1,000). On the second violation of any of
those sections, the licensed firearm manufacturer shall be
ineligible to manufacture, the licensed firearm importer shall be
ineligible to import, or the licensed firearm dealer shall be
ineligible to sell, firearms in this state for 30 days, and shall be
punished by a fine of one thousand dollars ($1,000). On the third
violation of any of those sections, a firearm manufacturer shall be
permanently ineligible to manufacture firearms in this state. On the
third violation of any of those sections, a licensed firearm
importer shall be permanently ineligible to import firearms into this
state for sale in this state. On the third violation of any of
those sections, a licensed firearm dealer shall be permanently
ineligible to sell firearms in this state.
12088.7. (a) Compliance with the requirements set forth in this
article shall not relieve any person from liability to any other
person as may be imposed pursuant to common law, statutory law, or
local ordinance.
(b) Nothing in this article shall require or prohibit any local
ordinance which places a more stringent requirement upon firearms
manufacturers, importers, or dealers regarding firearm use-limitation
devices or trigger locks.
12088.8. (a) This article does not apply to the commerce of any
firearm defined as an "antique firearm" in paragraph (16) of
subsection (a) of Section 921 of Title 18 of the United States Code.
(b) This article does not apply to the commerce of any firearm
that is an item of memorabilia or a display firearm.
(c)
(b) This article shall not apply to the commerce of any
firearm intended to be used by a full-time, paid peace officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.