BILL NUMBER: AB 1717 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 15, 2000
INTRODUCED BY Assembly Member Hertzberg
(Principal coauthors: Assembly Members Kuehl, Scott, and Wildman)
(Coauthors: Assembly Members Alquist, Keeley, and Washington)
JANUARY 3, 2000
An act to amend Sections 11106, 12001, and 12072 of
add Section 12072.5 to the Penal Code, relating
to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1717, as amended, Hertzberg. Firearms: ballistic testing.
(1) Existing law regulates the sale, transfer, and delivery of
firearms by persons, corporations, firms, and dealers. Violations of
specified provisions of law governing the sale or transfer of
firearms may be punished as a misdemeanor or a felony.
This bill would provide that commencing one year after a date to
be determined by action of the Attorney General after January 1,
2002, regarding an adequate ballistic identification system, no
person who is licensed as a manufacturer or importer of firearms
pursuant to federal law shall sell or otherwise transfer their
ownership of a handgun, or of a barrel designed and intended to be
attached to or be used for a handgun, to a resident of this state,
unless the manufacturer or importer has complied with provisions
requiring the submission of ballistic identification information for
all handguns that the manufacturer has manufactured, or the importer
has imported. The bill would exempt antique firearms, as defined,
and curios and relics, as defined, from these provisions. The bill
would provide that a violation of these provisions is a misdemeanor.
This bill would also make conforming changes. By
creating a new crime punishable as a misdemeanor, this bill would
impose a state-mandated local program.
(2) 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. Section 11106 of the Penal Code is
SECTION 1. Section 12072.5 is added to the Penal Code, to read:
12072.5. (a) Commencing on a date determined by the Attorney
General pursuant to subdivision (c), no person who is licensed as a
manufacturer pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto or who is licensed as an importer pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, shall sell
or otherwise transfer their ownership of a pistol, revolver, or other
firearm capable of being concealed upon the person to a person who
is at that time residing in this state unless that manufacturer or
importer has complied with subdivision (d).
(b) Commencing on a date determined by the Attorney General
pursuant to subdivision (c), no person who is licensed as a
manufacturer pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto or who is licensed as an importer pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, shall sell
or otherwise transfer their ownership of a barrel designed and
intended to be attached to or used for a pistol, revolver, or other
firearm capable of being concealed upon that person at the time of
its transfer of ownership to a person who is at that time in this
state unless that manufacturer or importer has complied with
subdivision (d).
(c) The Attorney General shall evaluate ballistic identification
systems, including any federal ballistic identification system, and
shall make a formal determination, after January 1, 2002, as to
whether an adequate ballistic identification system or systems exist
for law enforcement agencies in California to utilize for crime
prevention. The Attorney General shall make that determination
public as soon as reasonably practical after the determination has
been made.
(d) One year from the date the Attorney General makes public the
determination that an adequate ballistic identification system or
systems exist pursuant to subdivision (c), every person who is
licensed as a manufacturer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto or who is licensed as an importer
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto,
shall submit ballistic identification information, as required by the
Attorney General, for all pistols, revolvers, or other firearms
capable of being concealed upon the person, or barrels, as referenced
in subdivision (b), that the manufacturer manufactured, or the
importer imported, on or after the one-year anniversary of the date
in which the determination is made public to:
(1) The Department of Justice, in a format prescribed by the
department.
(2) The ballistic identification system selected by the Attorney
General, in a format prescribed by the department.
(e) This paragraph does not apply to any antique firearms, as
defined in paragraph (5) of subdivision (a) of Section 12020, or any
curio or relic as defined in Section 178.11 of Title 27 of the Code
of Federal Regulations.
(f) A violation of subdivision (a) or (b) is a misdemeanor.
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.
_____________________________________ All matter omitted in this
version of the bill appears in the bill as introduced in the
Assembly, January 3, 2000 (JR 11)
____________________________________