BILL NUMBER: AB 1717	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   FEBRUARY 23, 2000
	AMENDED IN ASSEMBLY   FEBRUARY 15, 2000

INTRODUCED BY   Assembly Member Hertzberg
   (Principal coauthors: Assembly Members Kuehl, Scott, and Wildman)
   (Coauthors:  Assembly Members Alquist, Keeley,  Knox, Shelley,
 and Washington)
    (Coauthor:  Senator Alarcon) 

                        JANUARY 3, 2000

   An act to 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,
  require the Attorney General to evaluate, as
specified, ballistic identification systems and to make a
determination and report to the Legislature by January 1, 2003, as to
whether a system or systems should be used statewide.  The bill
would also provide that if the Attorney General determines a
ballistic identification system or systems should be used, and if the
Legislature appropriates funds to implement the system or systems,
then  no person who is licensed as a manufacturer  or
importer  of firearms pursuant to federal law  shall
  could  sell or otherwise transfer their
ownership of 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  .  This bill would
also prohibit,  after the date   subject to the
Attorney General's determination and the funding  described
above, a person  any   or importer  from
importing a handgun for sale unless that person or company provides,
prior to importation, satisfactory evidence that ballistic
identification information, as specified, for each handgun has been
submitted to the Department of Justice.  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.  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 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 (b), 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 (c).
   (b) 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.
   (c) One year from the date the Attorney General makes public the
determination that an adequate ballistic identification system or
systems exist pursuant to subdivision (b), 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 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.
   (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 (b), a person or company may
not import for sale a pistol, revolver, or other firearm capable of
being  
   12072.5.  (a) The Attorney General shall evaluate ballistic
identification systems, including any federal ballistic
identification system, and shall make a formal determination by
January 1, 2003, as to whether a ballistic identification system or
systems should be utilized on a statewide level for law enforcement
agencies in California.  The Attorney General shall submit a report
with the results of the evaluation to the Legislature by January 1,
2003.
   (b) The evaluation of ballistic identification systems required
pursuant to subdivision (a) shall include at a minimum, but not be
limited to, consideration of the following:
   (1) Whether the system or systems are capable of maintaining a
handgun data base for the entire state of California.
   (2) Whether the system or systems are compatible with other
ballistic identification systems, including systems utilized at the
federal level, and will allow for sharing of information.
   (3) The potential costs of implementing and operating a system or
systems compared to the potential benefit to law enforcement.
   (4) Whether a standard protocol for image capture, storage, and
data identification exists.
   (5) Potential issues related to the evidentiary use of ballistic
identification information.
   (c) If the Attorney General concludes that a ballistic
identification system or systems should be used on a statewide level
for law enforcement in California and the Legislature appropriates
funds for the implementation and operation of such a system or
systems, then paragraphs (1) and (2) shall become effective one year
from the date of the appropriation.  Upon appropriation of funds by
the Legislature, the Attorney General shall give public notice of the
requirements of paragraphs (1) and (2).
   (1) 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 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
residing in this state, unless that manufacturer first provides
ballistic information, as required by the Attorney General, for all
pistols, revolvers, or other firearms capable of being concealed upon
the person that the manufacturer manufactured, to the Department of
Justice, in a format prescribed by the department.
   (2) No person or company shall import for sale in California, a
pistol, revolver, or other firearm capable of being  concealed
upon the person unless that person or company provides, prior to
importation, satisfactory evidence that ballistic identification
information, as required by the Attorney General, for each pistol,
revolver, or other firearm capable of being concealed upon the person
has been submitted to the Department of Justice in the format
prescribed by the department.  
   (e)  
   (d)  This section 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) (c), or (d) is  
   (e) A violation of paragraph (1) or (2) of subdivision (c) 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.
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