BILL NUMBER: AB 106 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 1999
AMENDED IN ASSEMBLY APRIL 5, 1999
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 Corbett, 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-Hayden Firearms Safety
Act of 1999 (the act).
This bill would require that, except as provided,
effective January 1, 2002, all firearms sold or transferred in this
state, or manufactured in this state, be accompanied by a firearms
safety device approved by the Department of Justice.
This bill would require the Attorney General, not later than
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 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, 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 gun safe or firearms safety
device sold in this state after January 1, 2002, that does not
conform to specified provisions of the act , as specified
.
This bill would require each law enforcement agency investigating
an incident to report specified information to the Attorney
General State Department of Health Services 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 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
Firearms Safety Devices
12087. This article shall be known and may be cited as the
"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. Effective January 1, 2001:
(a) 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 or dealer 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.
12088.1. Effective January 1, 2002:
(a) All firearms sold or transferred in this state 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.
(b) All firearms sold or transferred in this state 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 be accompanied with
warning language or labels as described in Section 12088.3.
(c) The sale or transfer of a firearm shall be exempt from
subdivision (a) if both of the following apply:
(1) The purchaser or transferee owns a gun safe that meets the
standards set forth in Section 12088.2. Gun safes shall not be
required to be tested, and therefore may meet the standards without
appearing on the Department of Justice roster.
(2) The purchaser or transferee presents an original receipt for
purchase of the gun safe, or other proof of purchase and ownership of
the gun safe as authorized by the Attorney General, to the firearms
dealer. The dealer shall maintain a copy of this receipt or proof of
purchase with the dealers' record of sales of firearms.
(d) The sale or transfer of a firearm shall be exempt from
subdivision (a) if all of the following apply:
(1) The purchaser or transferee purchases an approved safety
device from another store no more than 30 days prior to the day the
firearm is picked up.
(2) The purchaser or transferee presents the approved safety
device to the firearms dealer when picking up the firearm.
(3) The purchaser or transferee presents an original receipt to
the firearms dealer which shows the date of purchase, the name, and
the model number of the safety device.
(4) The firearms dealer verifies that the requirements in (1) to
(3), inclusive, have been satisfied.
(5) The firearms dealer maintains a copy of the receipt along with
the dealers' record of sales of firearms.
12088.2. (a) No later than January 1, 2000, the Attorney General
shall commence development of regulations to implement a minimum
safety standard for firearms safety devices and gun safes
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
and gun safes 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 or that the firearm cannot be readily
removed from the gun safe 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 may
consult, for the purposes of guidance in development of the
standard standards , 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. These protocols may be consulted to provide
suggestions for potential methods to utilize in developing standards
and shall serve as guidance only. 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
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
guns locked away and unloaded when not in use. If
you keep a loaded firearm where a child obtains and improperly uses
it, you may be fined or sent to prison .
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 or notice 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 gun safe or firearms
safety device subject to the provisions of this article and sold
after January 1, 2002, does not conform with the standards and
warnings required by Sections 12088.1,
subdivision (a) of Section 12088.1 and Section 12088.2,
and 12088.3, the Attorney General may order the
recall and replacement of the firearm or gun
safe 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 , or order that the gun
safe or firearm safety device be brought 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. If the firearms safety device cannot be
separated from the firearm without damaging the firearm, the Attorney
General may order the recall and replacement of the firearm. If the
firearms safety device can be separated and reattached to the
firearm without damaging the firearm, the licensed manufacturer or
licensed firearms dealer shall immediately provide a conforming
replacement as instructed by the Attorney General.
12088.5. (a) Each lead law enforcement agency
investigating an incident shall report to the Attorney
General State Department of Health Services any
information obtained by the manufacturer, importer, or dealer which
reasonably supports the conclusion that:
(1) Any incident in which a 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
manufactured 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 12088.1 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. 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.
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 shall not apply to the commerce of any firearm
intended to be used by a full-time, paid
salaried, full-time peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 for purposes
of law enforcement. Nothing in this article shall preclude local
governments, local agencies, or state law enforcement agencies from
requiring their peace officers to store their firearms in gun safes
or attach firearms safety devices to those firearms .
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.